J  K 


l 


GIFT   OF 


of 


James 

ILLINOIS 


ELECTION    LAWS 


1  908 


PREPARED    FOR    THE    USE    OF 
ELECTION  OFFICERS 


BY 


JAMES  A.  ROSE,  Secretary  of  State. 


SPRINGFIELD: 
PHILLIPS  BROS.,  STATE  PBINTIRS. 

I  908 


ILLINOIS 


ELECTION    LAWS 


1  908 


PREPARED    FOR    THE    USE   OF 
ELECTION  OFFICERS 


BY 


JAMES  A.  ROSE,  Secretary  of  State. 


SPRINGFIELD: 
PHILLIPS  BROS.,  STATB  PRINTERS. 

1908 


TABLE  OF  CONTENTS. 


Page. 

EXPLANATORY  NOTE i 

ELECTION  CALENDAR 5 

ELECTORAL  DISTRICTS 7 

CONSTITUTIONAL  PROVISIONS 9 

STATUTORY  PROVISIONS: 

Article  I.           Public  Officers— When  Elected 16 

Article  II.         Election  Precincts  and  Officers 21 

Article  III.        Registration  at  Electors 27 

Article  IV.        Compensation  of  Election  Officers 30 

Article  V.          Nomination  of  Candidates 31 

Article  VI.        Notice  of  Election 36 

Article  VII.      Ballots  and  Instructions 37 

Article  VIII.     BallotBoxes,  Booths  and  Poll  Books 41 

Article  IX.        Qualification  of  Voters 42 

Article  X.          Manner  of  Conducting  Elections 45 

Article  XI.        Canvassing  Returns 52 

Article  XII.      Contesting  Elections 54 

Article  XIII.     Offenses  and  Penalties , 58 

Article  XIV.     Resignations  and  Vacancies 64 

Article  XV.       Congressional  Apportionment 67 

Article  XVI.     Senatorial  and  Representative  Apportionment 69 

Article  XVII.  Judicial  Apportionment 76 

Article  XVIII  Publication  of  Propositions  to  be  Voted  for 78 

Article  XIX.     Submission  of  Questions  of  Public  Policy 79 

Article  XX.      Voting  Machines 79 

Article  XXI.     Primary  Elections— The  Primary  Law  of  1908 88 

FORMS 119-121 

INDEX  TO  GENERAL  ELECTION  LAWS 122 

INDEX  TO  PRIMARY  ELECTION  LAW...  126 


257183 


EXPLANATORY. 


Repealed  and  obsolete  sections  have  been  omitted  in  this  edition,  and  the 
sections  in  force  have  been  renumbered  in  regular  sequence  corresponding 
with  the  head  notes. 

In  cities,  towns  and  villages  which  have  or  may  hereafter  adopt  the  Act 
entitled,  "An  Act  regulating  the  holding  of  elections,  and  declaring  the  re- 
sult thereof  in  cities,  villages  and  incorporated  towns  in  this  State,"  approved 
June  19,  1885,  in  force  July  1,  1885,  that  Act  supersedes  the  general  registry 
and  election  laws,  when  in  conflict  with  that  Act;  but  when  not  inconsistent 
or  in  conflict  with  the  provisions  of  that  Act,  these  Acts  continue  in  force 
and  are  applicable  to  such  cities,  towns  and  villages  the  same  as  if  that  Act 
had  not  been  adopted.  [Section  15  of  the  Act  of  1885,  the  title  of  which  is 
recited  above,  and  the  provisions  of  which  are  not  included  in  this  compila- 
tion. 

The  cities  of  Chicago,  East  St.  Louis  and  Springfield  have  adopted  the  law 
of  1885. 


ELECTION  CALENDAR. 


GENERAL  ELECTIONS. 
The  principal  general  elections  in  Illinois  occur  on  the  following  dates: 

TUESDAY  AFTER  THE  FIRST  MONDAY  IN  NOVEMBER. 

For  Presidential  Electors,  Governor,  Lieutenant  Governor,  Secretary  of 
State,  Auditor  of  Public  Accounts,  Attorney  General,  State  Senators  in  even 
numbered  districts,  members  of  the  Sta,te  Board  of  Equalization,  clerk  of 
superior  court  of  Cook  county,  clerks  of  the  circuit  courts,  State's  attorneys, 
county  surveyors  and  county  coroners,  every  fourth  year,  counting  from  1908. 

For  State  Treasurer,  Representatives  in  Congress,  Representatives  in  the 
General  Assembly,  and  three  Trustees  of  the  University  of  Illinois  for  term 
of  six  years,  every  second  year,  counting  from  1908. 

For  clerk  of  Supreme  Court,  every  sixth  year,  counting  from  1908. 

For  clerks  of  the  appellate  courts,  every  sixth  year,  counting  from  1908. 

For  Superintendent  of  Public  Instruction,  State  Senators  in  odd  numbered 
districts,  clerk  of  the  criminal  court  of  Cook  county,  county  clerks,  county 
judges,  county  treasurers,  county  superintendents  of  schools,  and  sheriffs, 
every  fourth  year,  counting  from  1910. 

For  judges  of  the  superior  court  of  Cook  county,  six  judges  every  sixth 
year,  counting  from  1910;  four  judges  every  sixth  year,  counting  from  1911. 
[One  judge,  first  Tuesday  in  April  every  sixth  year,  counting  from  1907.  One 
judge,  first  Monday  in  June  every  sixth  year,  counting  from  1909.] 

For  chief  justice,  clerk  and  bailiff  of  the  municipal  court  of  Chicago,  every 
sixth  year,  counting  from  1912;  for  nine  associate  judges  of  said  court  for 
term  of  six  years,  every  second  year,  counting  from  1908. 

For  county  commissioners  in  counties  not  under  township  organization, 
one  each  year  for  term  of  three  years. 

FIRST  MONDAY  IN  JUNE. 

For  judges  of  the  circuit  court,  every  sixth  year,  counting  from  1909. 

For  judges  of  the  Supreme  Court,  Fifth  district,  every  ninth  year,  counting 
from  1909;  Fourth  district,  every  ninth  year,  counting  from  1912;  and  First, 
Second,  Third,  Sixth  and  Seventh  districts,  every  ninth  year,  counting  from 
1915. 

For  one  judge  of  the  superior  court  of  Cook  county,  every  sixth  year, 
counting  from  1909. 

THIRD  TUESDAY  IN  APRIL. 

For  officers  of  cities  organized  under  the  general  law  (except  s^ch  as  con- 
tain within  their  corporate  limits  one  or  more  townships),  annually. 

For  officers  of  villages  organized  under  the  general  law  (except  where  the 
territorial  limits  coincide  with  the  territorial  limits  of  a  township),  annually. 


FIRST  TUESDAY  IN  APRIL. 

For  one  judge  of  the  superior  court  of  Cook  county,  every  sixth  year, 
counting  from  1907. 

For  all  town  (township)  officers,  officers  in  cities  containing  one  or  more 
towns,  and  officers  in  villages  whose  boundaries  coincide  with  the  boundaries 
of  a  town  (township),  annually. 

THIRD  SATURDAY  IN  APRIL. 

For  school  directors  in  districts  having  a  population  of  less  than  1,000  in- 
habitants, annually. 

For  members  of  the  board  of  education  in  districts  having  a  population  of 
not  less  than  1,000  and  not  more  than  100,000  inhabitants,  annually. 


PRIMARY  ELECTIONS. 

LAST  TUESDAY  IN  FEHRUARY. 

To  nominate  candidates  to  be  voted  for  at  the  election  on  the  first  Tuesday 
in  April.  . 

SECOND  TUESDAY  IN  MARCH. 

To  nominate  candidates  to  be  voted  for  at  the  election  on  the  third  Tues- 
day in  April. 

SECOND  TUESDAY  IN  APRIL. 

To  nominate  candidates  to  be  voted  for  at  the  election  on  the  Tuesday  after 
the  first  Monday  in  November,  and  to  elect  precinct,  senatorial  and  State 
central  committeemen  every  second  year,  counting  from  1908. 


ELECTORAL  DISTRICTS. 


Table  of  Counties  Showing  to  What  Electoral  Districts  Each  Belongs. 

[The  seventeen  counties  marked  *  are  not  under  township  organization.    The  other  eighty- 
five  have  adopted  township  organization.] 


County. 

County  Seat. 

Senatorial 
District. 

Congres- 
sional 
District. 

Judicial 
Circuit. 

JUDICIAL,  DISTRICTS. 

Appellate. 

Supreme. 

Quincv  . 

36 
50 
47 
8 
30 
37 
36 
12 
30 
24 
40 
34 
42 
42 
34 
1,2,3,4,5, 
6,  7,  9,  11, 
13,  15,  17, 
19,21,23,  f 

£„.». 

48 
40 
35 
28 
34 
41 
22 
48 
42 
40 
26 
50 
43 
48 
38 
20 
51 
32 
48 
33 
37 
20 
44 
46 
46 
38 
12 
51 

15 
25 
22 
12 
20 
16 
20 
13 
20 
19 
21 
18 
24 
23 
19 

U.2,3.4,  | 
\     5.6,7,  [• 
f     8,  9,  10  j 

23 
18 
12 
19 
19 
11 
18 
24 
23 
23 
17 
25 
15 
24 
20 
12 
24 
14 
24 
14 
15 
18 
25 
23 
23 
20 
13 
24 

8 

3 
17 
8 
13 
8 
15 
8 
6 
4 
5 
4 
4 
5 

Not 
numbered  . 

2 
5 
16 
6 
6 
16 
5 
2 
4 
4 
11 
2 
9 
2 
7 
13 
2 
9 
2 
9 
14 
12 
1 
4 
2 
7 
15 
1 

3 

4 
3 

3 
2 
3 
3 
3 
3 
4 
4 
3 

1 

4 
3 
2 
3 
3 
2 
3 
4 
4 
4 
3 
4 
3 
4 
3 
2 

3 
4 
2 
2 
2 
4 
4 
4 
3 
2 
4 

4 

1 
2 
6 
4 
5 
2 
6 
4 
3 
2 
2 
2 
1 
3 

7 

2 
2 
6 
3 
3 
7 
3 
1 
2 
2 
3 
1 
4 
1 
2 
5 
1 
4 
1 
4 
5 
3 
1 
2 
1 
2 
6 
1 

*Alexander 

Cairo  
Greenville  

Bond                

Boone  

Belvidere  
Mt  Sterling 

Brown  
Bureau 

Princeton  

*Calhoun  
Carroll 

Hardin 

Mt.  Carroll  
Virginia  .  .  
Urbana  
Taylorville  
Marshall  
Louisville  
Carlyle  
Charleston  .  . 

*Cass  
Champaign  
Christian  
Clark 

Clay  
Clinton 

Coles 

Cook  

Crawford  
Cumberland    
DeKalb  
DeWitt  . 

Chicago  I 

Robinson  
Toledo 

Sycamore  
Clinton  

Douglas  
DuPage  
Edgar  
*Edwards  
Efflngham  
Fayette  
Ford 

Tuscola 

Wheaton  
Paris  
Albion  

Emngham  
Vandalia  
Paxton  .... 

Franklin  
Fulton 

Benton  
Lewistown 

Gallatin  
Greene 

Shawneetown  
Carrollton 

Grundy 

Morris  .  . 

Hamilton  McLeansboro  .... 

Hancock                         na.rthn.p-p 

*Hardin 

Elizabethtown  .  . 
Oquawka  

Henderson  

Henry  . 

Cambridge  
Watseka 

Iroquois 

Jackson  
Jasper  
Jefferson  
Jersey  
JoDaviess               ; 

Murphysboro  
Newton  
Mt.  Vernon  
Jersey  ville  
Galena  
Vienna  

*Johnson  I 

Electoral  Districts — Concluded . 


Senatorial 

Congres- 

Judicial 

JUDICIAL  I 

)ISTRICTS. 

County.  f 

County  Seat. 

District. 

sional 
District. 

Circuit. 

Appellate. 

Supreme. 

Kane  

Geneva  

14 

11 

16 

2 

6 

Kankakee 

Kankakee 

20 

18 

12 

2 

7 

Kendall  

Yorkville  

14 

12 

16 

2 

6 

Knox  

Galesburg  .».  

43 

15 

9 

2 

5 

Lake 

8 

10 

17 

2 

7 

LaSalle 

Ottawa 

39 

12 

13 

2 

5 

Lawrence 

Lawrenceville  

48 

23 

2 

4 

2 

Lee 

Dixon 

35 

13 

15 

2 

6 

Pontiac 

16 

17 

11 

2 

3 

Logan 

Lincoln    

28 

17 

11 

3 

3 

Macon 

Decatur 

28 

19 

6 

3 

3 

Macoupin  
Madison  

Carlinville  
Edwardsville  

38 

47 

21 
22 

7 
3 

3 
4 

2 
2 

Marion  

Salem  

42 

23 

4 

4 

2 

Marshall  
Mason 

Lacon  
Havana 

16 
30 

16 
20 

10 

8 

2 
3 

5 
4 

*Massac  
McDonou  gh 

VIetropolis  
Macomb 

51 
32 

24 
14 

1 
9 

4 

3 

1 
4 

McHenry  
McLean  . 

Woodstock  
Bloomington    .... 

8 
26 

11 
17 

17 
11 

2 
3 

6 
3 

*Menard  
Mercer 

Petersburg  
Aledo    

30 
33 

20 
14 

8 
14 

3 
2 

4 
4 

*Monroe  

Waterloo  .  x  

44 

22 

3 

4 

1 

Hillsboro 

38 

21 

4 

3 

2 

*Morgan  

Jacksonville  

45 

20 

7 

3 

4 

Moultrie  
Ogle  . 

Sullivan  
Oregon 

24 
10 

19 
13 

6 
15 

3 
2 

3 
6 

Peoria  
*Perry      

Peoria  
Pinckneyville 

18 
44 

16 
25 

10 
3 

2 
4 

5 
1 

Piatt  

Monticello  

24 

19 

6 

3 

3 

Pike            

Pittsfleld  ... 

36 

20 

8 

3 

2 

*Pope  

Golconda  

51 

24 

1 

4 

1 

*Pulaski  
Putnam  . 

Mound  City  
Hennepin 

50 
16 

25 

16 

1 
10 

4 

2 

1 
5 

*Randolph  
Richland  . 

Chester  
Olney 

44 

46 

25 
23 

3 
2 

4 
4 

1 
2 

Rock  Island  
Saline  .              .    . 

Rock  Island  
Harrisburg 

33 
51 

14 
24 

14 
1 

2 

4 

4 

1 

Sangamon  
Schuyler  
*Scott  . 

Springfield  
Rushville  
Winchester 

45 
30 
36 

21 

15 
20 

7 
8 

7 

3 
3 
3 

3 
4 
2 

Shelby  
Stark  . 

Shelbyville  
Toulon 

40 
37 

19 
16 

4 
10 

3 
2 

2 

5 

St.  Glair  

Belleville  

49 

22 

3 

4 

1 

Stephenson  

Freeport 

12 

13 

15 

2 

6 

Tazewell  

Pekin  

30 

16 

10 

3 

3 

*Union  
Vermilion 

Jonesboro  
Danville 

50 
22 

25 

18 

1 
5 

4 

3 

1 
3 

*Wabash  

Mt.  Carmel  .  .     ... 

48 

23 

2 

4 

1 

Warren 

Monmouth  . 

32 

14 

g 

2 

4 

Washington  
Wayne  
White  . 

Nashville  
Fairfi  eld    .  .  . 
Carmi 

44 

46 

48 

22 
24 
24 

3 
2 
2 

4 
4 
4 

1 
1 
1 

Whiteside  

Morrison  . 

35 

13 

14 

2 

6 

Will  
Williamson  
Winnebago  

Joliet  
Marion  
Rockf  ord  

41 
50 
10 

11 
25 
12 

12 

1 
17 

2 
4 
2 

7 
1 
6 

Woodford 

Eureka 

16 

17 

11 

2 

5 

CONSTITUTIONAL  PROVISIONS  IN    RELATION    TO 

ELECTIONS. 


ARTICLE  IV. 

TIME  OF  HOLDING.]  Section  2.  An  election  for  members  of  the  Gen- 
eral Assembly  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
in  November,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  seventy,  and  every  two  years  thereafter,  in  each  county,  at  such 
places  therein  as  may  be  provided  by  law.  When  vacancies  occur 
in  either  house,  the  .Governor,  or  persons  exercising  the  powers  of 
Governor,  shall  issue  writs  of  election  to  fill  such  vacancies. 

APPORTIONMENT — SENATORIAL.-]  Section  6.  The  General  Assembly 
shall  apportion  the  State  every  ten  years,  beginning  with  the  year 
one  thousand  eight  hundred  and,  seventy-one,  by  dividing  the  pop- 
ulation of  the  State,  as  ascertained  by  the  federal  census,  by  the 
number  fifty-one  and  the  quotient  shall  be  the  ratio  of  representation 
in  the  Senate.  The  State  shall  be  divided  into  fifty-one  senatorial 
districts,  each  of  which  shall  elect  one  Senator,  whose  term  of  office 
shall  be  four  years.  The  Senators  elected  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-two,  in  districts  bearing  odd 
numbers,  shall  vacate  their  offices  at  the  end  of  two  years,  and  those 
elected  in  districts  bearing  even  numbers  at  the  end  of  four  years ; 
and  vacancies  occurring  by  the  expiration  of  term  shall  be  filled  by 
the  election  of  Senators  for  the  full  term.  Senatorial  districts  shall 
be  formed  of  contiguous  and  compact  territory,  bounded  by  county 
lines,  and  contain  as  nearly  as  practicable  an  equal  number  of  inhab- 
itants ;  but  no  district  shall  contain  less  than  four-fifths  of  the  sena- 
torial ratio.  Counties  containing  not  less  than  the  ratio  and  three- 
fourths  may  be  divided  into  separate  districts,  and  shall  be  entitled 
to  two  Senators,  and  to  one  additional  Senator  for  each  number  of 
inhabitants  equal  to  the  ratio  contained  by  such  counties  in  excess 
of  twice  the  number  of  said  ratio. 

MINORITY  REPRESENTATION.]  Sections  7  and  8.  The  House  of 
Representatives  shall  consist  of  three  times  the  number  of  the  mem- 
bers of  the  Senate,  and  the  term  of  office  shall  be  tyvo  years.  Three 
Representatives  shall  be  elected  in  each  senatorial  district  at  the 
general  election  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  seventy-two,  and  every  two  years  thereafter.  In  all  elections  of 
Representatives  aforesaid,  each  qualified  voter  may  cast  as  many 


10 

votes  for  one  candidate  as  there  are  representatives  to  be  elected,  or 
may  distribute  the  same,  or  equal  parts  thereof,  among  the  candi- 
dates, as  he  shall  see  fit;  and  the  candidates  highest  in  votes  shall  be 
declared  elected. 

ARTICLE  V. 

STATE  OFFICERS. 

TERMS — RESIDENCE — DUTIES.]  Section  i.  The  executive  depart- 
ment shall  consist  of  a  Governor,  Lieutenant  Governor,  Secretary 
of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of 
Public  Instruction  and  Attorney  General,  who  shall  each,  with  the 
exception  of  the  Treasurer,  hold  his  office  for  the  term  of  four  years 
from  the  second  Monday  in  January  next  after  his  election,  and  until 
his  successor  is  elected  and  qualified.  They  shall,  except  the  Lieu- 
tenant Governor,  reside  at  the  seat  of  government  during  their  term 
of  office,  and  keep  the  public  records,  books  and  papers  there,  and 
shall  perform  such  duties  as  may  be  prescribed  by  law. 

ELECTION  OF.]  Section  3.  An  election  for  Governor,  Lieutenant 
Governor,  Secretary  of  State,  Auditor  of  Public  Accounts  and  Attor- 
ney General  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
of  November,  in  the  year  of  our  Lord  1872,  and  every  four  years 
thereafter;  for  Superintendent  of  Public  Instruction,  on  the  Tuesday 
next  after  the  first  Monday  of  November,  in  the  year  1870,  and  every 
four  years  thereafter ;  and  for  Treasurer,  on  the  day  last  above  men- 
tioned, and  every  two  years  thereafter,  at  such  places  and  in  such 
manner  as  may  be  prescribed  by  law. 

RETURNS  OF  ELECTION.]  Section  4.  The  returns  of  every  election 
for  the  above  named  officers  shall  be  sealed  up  and  transmitted,  by 
the  returning  officers,  to  the  Secretary  of  State,  directed  to  "The 
Speaker  of  the  House  of  Representatives,"  who  shall,  immediately 
after  the  organization  of  the  House,  and  before  proceeding  to  other 
business,  open  and  publish  the  same  in  the  presence  of  a  majority  of 
each  house  of  the  General  Assembly,  who  shall,  for  that  purpose, 
assemble  in  the  hall  of  the  House  of  Representatives.  The  person 
having  the  highest  number  of  votes  for  either  of  said  offices  shall  be 
declared  duly  elected;  but  if  two  or  more  have  an  equal  and  the 
highest  number  of  votes,  the  General  Assembly  shall,  by  joint  ballot, 
choose  one  of  such  persons  for  said  office.  Contested  elections  for  all 
of  said  offices  shall  be  determined  by  both  houses  of  the  General  As- 
sembly, by  joint  ballot,  in  such  manner  as  may  be  prescribed  by  law. 

ARTICLE  VI. 
COURTS. 

CHIEF  JUSTICE — ELECTION — TERM.]  Section  6.  At  the  time  of 
voting  on  the  adoption  of  this  Constitution,  one  judge  of  the  Supreme 
Court  shall  be  elected  by,  the  electors  thereof  in  each  of  said  dis- 
tricts numbered  two,  three,  six  and  seven,  who  shall  hold  his  office 
for  the  term  of  nine  years,  from  the  first  Monday  of  June  in  the  year 


II 

of  our  Lord  1870.  The  term  of  offices  of  judges  of  Supreme  Court, 
elected  after  the  adoption  of  this  Constitution,  shall  be  nine  years; 
and  on  the  first  Monday  of  June  of  the  year  in  which  the  term  of  any 
of  the  judges  in  office  at  the  adoption  of  this  Constitution,  or  of  the 
judges  then  elected,  shall  expire,  and  every  nine  years  thereafter,  there 
shall  be  an  election  for  the  successor  or  successors  of  such  judges,  in 
the  respective  districts  wherein  the  terms  of  such  judges  shall  expire. 
The  chief  justice  shall  continue  to  act  as  such  until  the  expiration  -ef- 
the  term  for  which  he  was  elected,  after  which  the  judges  shall  choose 
one  of  their  number  chief  justice. 

*CLERK — ELECTION — TERM.]  Section  10.  At  the  time  of  the  elec- 
tion for  Representatives  in  the  General  Assembly,  happening  next 
preceding  the  expiration  of  the  terms  of  office  of  the  present  clerks 
of  said  court,  one  clerk  of  said  court  for  each  division  shall  be 
elected,  whose  term  of  office  shall  be  six  years  from  said  election,  but 
who  shall  not  enter  upon  the  duties  of  his  office  until  the  expiration 
of  the  term  of  his  predecessor,  and  every  six  years  thereafter  one 
clerk  of  said  court  for  each  division  shall  be  elected.* 

TIMES    OF    HOLDING    COURT ELECTION    OF    CIRCUIT    JUDGES.]    '      SeC- 

tion  14.  The  General  Assembly  shall  provide  for  the  times  of  holding 
court  in  each  county,  which  shall  not  be  changed,  except  by  the  Gen- 
eral Assembly  next  preceding  the  general  election  for  judges  of  said 
courts,  but  additional  terms  may  be  provided  for  in  any  county.  The 
election  for  judges  of  the  circuit  courts  shall  be  held  on  the  first 
Monday  in  June,  in  the  year  of  our  Lord  1873,  an<^  every  six  years 
thereafter. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

ELECTION.]  Section  21.  Justices  of  the  peace,  police  magistrates 
and  constables  shall  be  elected  in  and  for  such  districts,  as  are,  or 
may  be  provided  by  law,  and  the  jurisdiction  of  such  justices  of  the 
peace  and  police  magistrates  shall  be  uniform. 

STATE'S  ATTORNEY. 

ELECTION — TERM.]  Section  22.  At  the  election  for  members  of 
the  General  Assembly  in  the  year  of  our  Lord  1872,  and  every  four 
years  thereafter,  there  shall  be  elected  a  State's  attorney  in  and  for 
each  county,  in  lieu  of  the  State's  attorneys  now  provided  by  law, 
whose  term  of  office  shall  be  four  years. 

COURTS  OF  COOK  COUNTY. 

COUNTY  DECLARED  ONE  CIRCUIT.]  Section  23.  The  county  of  Cook 
shall  be  one  judicial  circuit.  The  circuit  court  of  Cook  county  shall 
consist  of  five  judges  until  their  number  shall  be  increased  as  herein 
provided.  The  present  judge  of  the  recorder's  court  of  the  city  of 
Chicago  and  the  present  judge  of  the  circuit  court  of  Cook  county 
shall  be  two  of  said  judges  and  shall  remain  in  office  for  the 
terms  for  which  they  were  respectively  elected,  and  until  their  suc- 

*  Under  authority  conferred  by  section  4,  article  VI,  of  Constitution,  the  General  Assembly 
in  1897,  provided  for  the  election  of  a  single  clerk.  See  section  3a,  ch.  37,  R.  S. 


12 

cessors  shall  be  elected  and  qualified.  The  Superior  Court  of  Chicago 
shall  be  continued,  and  called  the  Superior  Court  of  Cook  county.  The 
General  Assembly  may  increase,  the  number  of  said  judges  by  adding 
one  to  either  of  said  courts  for  every  additional  50,000  inhabitants  in 
said  county,  over  and  above  a  population  of  400,000.  The  terms  of 
office  of  the  judges  of  said  courts  hereafter  elected,  shall  be  six 
years. 

CLERKS  OF  COURTS  OF  COOK  COUNTY.]  Section  27.  The  present 
clerk  of  the  recorder's  court  of  the  city  of  Chicago  shall  be  the  clerk 
of  the  criminal  court  of  Cook  county,  during  the  term  for  which  he 
was  elected.  The  present  clerks  of  the  Superior  Court  of  Chicago, 
and  the  present  clerk  of  the  circuit  court  of  Cook  county,  shall  con- 
tinue in  office  during  the  terms  for  which  they  were  respectively 
elected ;  and  thereafter  there  shall  be  but  one  clerk  of  the  Superior 
Court,  to  be  elected  by  the  qualified  electors  of  said  county,  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor  is 
elected  and  qualified. 

ARTICLE  VIII. 

COUNTY  SUPERINTENDENT.]  Section  5.  There  may  be  a  county 
superintendent  of  schools,  in  each  county,  whose  qualifications,  powers, 
duties,  compensation  and  time  and  manner  of  election  and  term  of 
office  shall  be  prescribed  by  law. 

ARTICLE  X. 

NO  TOWNSHIP  ORGANIZATION COUNTY  COMMISSIONERS.]       Section  6. 

At  the  first  election  of  county  judges,  under  this  Constitution,  there 
shall  be  elected  in  each  of  the  counties  in  this  State,  not  under  town- 
ship organization,  three  officers,  who  shall  be  styled,  "the  board  of 
county  commissioners,"  who  shall  hold  sessions  for  the  transaction 
of  county  business  as  shall  be  provided  by  law.  One  of  said  commis- 
sioners shall  hold  his  office  for  one  year,  one  for  two  years,  and  one 
for  three  years,  to  be  determined  by  lot,  and  every  year  thereafter 
one  such  officer  shall  be  elected  in  each  of  said  counties  for  the  term 
of  three  years. 

COOK  COUNTY — COMMISSIONERS.]  Section  7.  The  county  affairs 
of  Cook  county  shall  be  managed  by  a  board  of  commissioners  of 
15  persons,  ten  of  whom  shall  be  elected  from  the  city  of  Chicago  and 
five  from  towns  outside  of  said  city,  in  such  manner  as  may  be  provided 
by  law. 

ARTICLE  IV. 

ELIGIBILITY. 

ELIGIBILITY  TO  GENERAL  ASSEMBLY.]  Section  3.  No  person  shall 
be  a  Senator  who  shall  not  have  attained  the  age  of  twenty-five  years, 
or  a  Representative  who  shall  not  have  attained  the  age  of  twenty- 
one  years.  No  person  shall  be  a  Senator  or  Representative  who 
shall  not  be  a  citizen  of  the  United  States,  and  who  shall  not  have 


13 

been  for  five  years  a  resident  of  this  State,  and  for  two  years  next 
preceding  his  election  a  resident  within  the  territory  forming  the  dis- 
trict from  which  he  is  elected.  No  judge  or  clerk  of  any  court,  Secre- 
tary of  State,  Attorney  General,  State's  attorney,  recorder,  sheriff,  or 
collector  of  public  revenue,  member  of  either  house  of  Congress,  or 
person  holding  any  lucrative  office  under  the  United  States  or  this 
State,  or  any  foreign  government,  shall  have  a  seat  in  the  General 
Assembly:  'Provided,  that  appointments  in  the  militia  and  the  officers 
of  notary  public  and  justice  of  the  peace  shall  not  be  considered - 
lucrative.  Nor  shall  any  person  holding  any  office  of  honor  or  profit 
under  any  foreign  government,  or  under  the  government  of  the  United 
States  (except  postmasters  whose  annual  compensation  does  not  ex- 
ceed the  sum  of  $300),  hold  any  office  of  honor  or  profit  under  the  au- 
thority of  this  State. 

DISQUALIFICATION  FOR  ALL  OFFICERS.]  Section  4.  No  person  who- 
has  been,  or  hereafter  shall  be,  convicted  of  bribery,  perjury  or  other 
infamous  crime,  nor  any  person  who  has  been,  or  may  be,  a  collector 
or  holder  of  public  moneys,  who  shall  not  have  accounted  for  and 
paid  over,  according  to  law,  all  such  moneys  due  from  him,  shall  be 
eligible  to  the  General  Assembly,  or  to  any  office  of  profit  or  trust  in 
this  State. 

ARTICLE  V. 

TREASURER — TERM — SECURITY.]  Section  2.  The  Treasurer  shall 
hold  his  office  for  the  term  of  two  years  and  until  his  successor  is 
elected  and  qualified,  and  shall  be  ineligible  to  said  office  for  two 
years  next  after  the  end  of  the  term  for  which  he  was  elected.  He 
may  be  required  by  the  Governor  to  give  reasonable  additional  security^ 
and  in  default  of  so  doing  his  office  shall  be  deemed  vacant. 

GOVERNOR — LIEUTENANT  GOVERNOR — OTHER  STATE  OFFICERS.]  Sec- 
tion 5.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant Governor  who  shall  not  have  attained  the  age  of  thirty  years, 
and  been,  for  five  years  next  preceding  his  election,  a  citizen  of  the 
United  States  and  of  this  State.  Neither  the  Governor,  Lieutenant 
Governor,  Auditor  of  Public  Accounts,  Secretary  of  State,  Super- 
intendent of  Public  Instruction  nor  Attorney  General  shall  be  eligi- 
ble to  any  other  office  during  the  period  for  which  he  shall  have  been 
elected. 

ARTICLE  VI. 

ELIGIBILITY  TO  OFFICE  OF  JUDGE.]  Section  3.  No  person  shall 
be  eligible  to  the  office  of  judge  of  the  Supreme  Court  unless  he  shall 
be  at  least  thirty  years  of  age  and  a  citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  this  State  five  years  next  preceding  his 
election,  and  be  a  resident  of  the  district  in  which  he  shall  be  elected. 

ELIGIBILITY  FOR  SEVERAL  OFFICES.]  Section  17.  No  person  shall 
be  eligible  to  the  office  of  judge  of  the  circuit  or  any  inferior  court, 
or  to  membership  in  the  "board  of  county  commissioners,"  unless  he 
shall  be  at  least  twenty-five  years  of  age,  and  a  citizen  of  the  United 


States,  nor  unless  he  shall  have  resided  in  this  State  five  years  next 
preceding  his  election,  and  be  a  resident  of  the  circuit,  county,  city, 
cities  or  incorporated  town  in  which  he  shall  be  elected. 

OFFICERS — TERM — RESIDENCE — DUTIES — VACANCIES.]  Section  32. 
All  officers  provided  for  in  this  article  shall  hold  their  offices  until 
their  successors  shall  be  qualified,  and  they  shall,  respectively,  reside 
in  the  division,  circuit,  county  or  district  for  which  they  may  be 
elected  or  appointed.  The  terms  of  office  of  all  such  officers,  where 
not  otherwise  prescribed  in  this  article,  shall  be  four  years.  All 
officers,  where  not  otherwise  provided  for  in  this  article,  shall  perform 
such  duties  and  receive  such  compensation  as  is  or  may  be  provided 
by  law.  Vacancies  in  such  elective  offices  shall  be  filled  by  election; 
but  where  the  unexpired  term  does  not  exceed  one  year,  the  vacancies 
shall  be  filled  by  appointment,  as  follows:  Of  judges,  by  the  Gov- 
ernor; of  clerks  of  courts,  by  the  court  to  which  the  office  appertains, 
or  by  the  judge  or  judges  thereof;  and  of  all  such  other  offices,  by 
the  board  of  supervisors  or  board  of  county  commissioners  in  the 
county  where  the  vacancy  occurs. 

ARTICLE  IX. 

MUNICIPAL  OFFICERS — ELIGIBILITY — SALARY.]  Section  n.  No 
person  who  is  in  default,  as  collector  or  custodian  of  money  or  prop- 
erty belonging  to  a  municipal  corporation,  shall  be  eligible  to  any  office 
in  or  under  such  corporation.  The  fees,  salary  or  compensation  of 
no  municipal  officer  who  is  elected  or  appointed  for  a  definite  term 
of  office  shall  be  increased  or  diminished  during  such  term. 

ARTICLE  X. 

OFFICERS — TERM.]  •  Section  8.  In  each  county  there  shall  be 
elected  the  following  county  officers,  at  the  general  election  to  be  held 
on  the  Tuesday  after  the  first  Monday  in  November,  A.  D.,  1882.  A 
county  judge,  county  clerk,  sheriff  and  treasurer,  and  at  the  election 
to  be  held  on  the  Tuesday  after  the  first  Monday  in  November,  A.  D. 
1884,  a  coroner  and  clerk  of  the  circuit  court  (who  may  be  ex  officio 
recorder  of  deeds,  except  in  counties  having  sixty  thousand  and  more 
inhabitants,  in  which  counties  a  recorder  of  deeds  shall  be  elected  at 
the  general  election  in  1884).  Each  of  said  officers  shall  enter  upon 
the  duties  of  his  office,  respectively,  on  the  first  Monday  of  December 
after  his  election,  and  they  shall  hold  their  respective  offices  for  the 
term  of  four  years,  and  until  their  successors  are  elected  and  qualified : 
Provided,  that  no  person  having  once  been  elected  to  the  office  of 
sheriff  or  treasurer  shall  be  eligible  to  re-election  to  said  office  for 
four  years  after  the  expiration  of  the  term  for  which  he  shall  have 
been  elected. 

ARTICLE  V. 

VACANCIES. 

VACANCY — SUCCESSOR — SEMI-ANNUAL  REPORT  OF  MONEYS.]  Section 
20.  If  the  office  of  Auditor  of  Public  Accounts,  Treasurer,  Secretary 


15 

of  State,  Attorney  General  or  Superintendent  of  Public  Instruction 
shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  Governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  successor  shall  be  elected  and 
qualified  in  such  manner  as  may  be  provided  by  law.  An  account 
shall  be  kept  by  the  officers  of  the  executive  department,  and  of  all 
the  public  institutions  of  the  State,  of  all  moneys  received  or  dis- 
bursed by  them,  severally,  from  all  sources,  and  for  every  service 
performed,  and  a  semi-annual  report  thereof  be  made  to  the  Governor, 
under  oath;  and  any  officer  who  makes  a  false  report  shall  be  guilty 
of  perjury  and  punished  accordingly. 

ARTICLE  VII. 

SUFFRAGE. 

QUALIFICATION  OF  LEGAL  VOTERS.]  Section  i.  Every  person  hav- 
ing resided  in  this  State  one  year,  in  the  county  ninety  days,  and 
in  the  election  district  thirty  days  next  preceding  any  election  therein, 
who  was  an  elector  in  this  State  on  the  first  day  of  April,  in  the  year 
of  our  Lord  1848,  or  obtained  a  certificate  of  naturalization  before  any 
court  of  record  in  this  State  prior  to  the  first  day  of  January,  in  the 
year  of  our  Lord  1870,  or  who  shall  be  a  male  citizen  of  the  United 
States,  above  the  age  of  21  years,  shall  be  entitled  to  vote  at  such 
election. 

BALLOT.]     Section  2.     All  votes  shall  be  by  ballot. 

VOTER  PRIVILEGED  FROM  ARREST  AND  MILITARY  DUTY.]  Section  3. 
Electors  shall,  in  all  cases,  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  elections, 
and  in  going  to  and  returning  from  the  same.  And  no  elector  shall 
be  obliged  to  do  military  duty  on  the  days  of  election,  except  in  time 
of  war  or  public  danger. 

RESIDENCE — WHEN  NOT  LOST.]  Section  4.  No  elector  shall  be 
deemed  to  have  lost  his  residence  in  the  State  by  reason  of  his  ab- 
sence on  business  of  the  United  States,  or  of  this  State,  or  in  the  mili- 
tary or  naval  service  of  the  United  States. 

SOLDIER  STATIONED  HERE  NOT  RESIDENT.]  Section  5.  No  soldier 
seaman  or  marine  in  the  army  or  navy  of  the  United  States  shall  be 
deemed  a  resident  of  this  State  in  consequence  of  being  stationed 
therein. 

QUALIFICATIONS  FOR  OFFICE.]  Section  6.  No  person  shall  be 
elected  or  appointed  to  any  office  in  this  State,  civil  or  military,  who 
is  not  a  citizen  of  the  United  States,  and  who  shall  not  have  resided 
in  this  State  one  year  next  preceding  the  election  or  appointment. 

DISENFRANCHISEMENT  FOR  CRIME.]  Section  7.  The  General  As- 
sembly shall  pass  laws  excluding  from  the  right  of  suffrage  persons 
convicted  of  infamous  crimes. 


i6 


STATUTORY  PROVISIONS. 


PUBLIC  OFFICERS WHEN  ELECTED. 

1.  ELECTORS  OF  PRESIDENT  AND  VICE  PRESIDENT  OF  UNITED  STATES 
—ELECTION.!      [§  J>  Ch.  4&,  R.  S.]     That  there  shall  be  elected,  by 
general  ticket,  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber preceding  the  expiration  of  the  term  of  office  of  each  President  of 
the   United   States,   as   many   electors   of   President   and   Vice   Presi- 
dent of  the  United  States  as  this  State  may  be  entitled  to  elect,  which 
election  shall  be  conducted  and  returns  thereof  made  as  hereinafter 
provided :    Provided,  that  if  Congress  should  hereafter  fix  a  different 
day  for  such  election,  then  the  election  for  electors  shall  be  held  on  such 
day  as  shall  be  named  by  Act  of  Congress. 

2.  RETURNS — CANVASS — TIE.]      [§  2,  Ch.  46,  R.  S.]     The  county 
clerks  of    the  several    counties   shall,    within  eight  days    next  after 
holding  an  election  for  electors  of  President  and  Vice  President  of 
the  United  States,  as  is  provided  for  in  this.  Act,  make  three  copies  of 
the  abstract  of  votes  for  electors,  and  transmit  by  mail  one  of  said 
copies  to  the  Governor,  another  to  the  office  of  the  Secretary  of  State, 
and  retain  the  third  in  his  office,  to  be  sent  for  by  the  Governor  in 
case  both  the  others  should  be  mislaid.     Within  twenty  days  after 
the  holding  of  such  election,  and  sooner  if  all  the  returns  are  received 
by  either  the  Governor  or  by  the  Secretary  of  State,  the  Secretary  of 
State,  Auditor  of  Public  Accounts  and  Treasurer,  or  any  two  of  them 
shall,  in  the  presence  of  the  Governor,  proceed  to  open  and  canvass 
said  election  returns,  and  to  declare  the  persons  having  the  highest 
number  of  votes  elected ;  but   should   any   two  or   more   persons  be 
returned  with  an  equal,  and  the  highest  vote,  the  said   Secretary  of 
State  shall  cause  a  notice  of  the  same  to  be  published,  which  notice 
shall  name  some  day  and  place,  not  less  than  five  days  from  the  time 
of  the  publication   of   such   notice,   upon   which  the   said   Secretary, 
Auditor  and  Treasurer  will  decide  by  lot  which  of  said  persons  so 
equal  and  highest  is  elected.     And  upon  the  day  and  at  the  place  so 
appointed  in  said  notice,  the  said  Secretary,  Auditor  and  Treasurer, 
or  any  two  of  them,  shall,  in  the  presence  of  the  Governor,  decide  by 
lot  which  of  the  persons  so  equal  and  highest  shall  be  elected. 

3.  RESULT   TO    BE    PUBLISHED — CERTIFICATE    TO    BE    SENT    PERSON 
ELECTED.]      [§  3,  Ch.  46,  R.  S.]     The  Governor  shall  cause  the  result 
of  said  election  to  be  published,  and  shall  transmit  by  mail,  to  the  per- 
sons elected,  certificates  of  their  election. 


4.  MEETING  OF  ELECTORS — MILEAGE.]     [§  4,  Ch.  46,  R.  S.]     The 
electors,  chosen  as  aforesaid,  shall  meet  at  the  seat  of  government  of 
this  State,  at  the  time  appointed  by  the  laws  of  the  United  States,  and 
give  their  votes  in,  in  the  manner  therein  provided,  and  perform  such 
duties  as  are  or  may  be  required  by  law.     Each  elector  shall  receive 
for  every  twenty  miles  necessary  travel  in  going  to  the  seat  of  gov- 
ernment to  give  his  vote,  and  returning  to  his  residence,  to  be  com- 
puted by  the  most  usual  route,  the  sum  of  three  dollars,  to  be  paid, 
on  the  warrant  of  the  Auditor,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

5.  VACANCY  FILLED.]     [§  5,  Ch.  46,  R.  S.]     In  case  any  person  de- 
clared duly  elected  an  elector  of  President  and  Vice  President  of  the 
United  States  shall  fail  to  attend  at  the  State  House,  at  the  seat  of 
government  of  this  State  at  or  before  the  hour  of  twelve  o'clock,  at 
noon,  of  the  day  on  which  his  vote  is  required  to  be  given,  it  shall  be 
the  duty  of  the  elector  or  electors  of  President  and  Vice  President, 
attending  at  the  time  and  place,  to  appoint  a  person  or  persons  to  fill 
such  vacancy:     Provided,  that  should  the  person  or  persons  chosen 
by  the  people,  as  aforesaid,  arrive  at  the  place  aforesaid  before  the 
votes  for  President  and  Vice  President  are  actually  given,  the  person 
or  persons  appointed  to  fill  such  vacancy  shall  not  act  as  elector  of 
President  and  Vice  President. 

STATE  OFFICERS. 

6.  GOVERNOR,  LIEUTENANT  GOVERNOR,  SECRETARY  OF  STATE,  AUDI- 
TOR   OF    PUBLIC    ACCOUNTS    AND    ATTORNEY    GENERAL.]       [§    7,    Ch.    46, 

R.  S.]  The  Governor,  Lieutenant  Governor,  Secretary  of  State, 
Auditor  of  Public  Accounts  and  Attorney  General  shall  be  elected 
on  Tuesday  next  after  the  first  Monday  in  November,  of  the  year  of 
our  Lord  1872,  and  every  four  years  thereafter. 

7.  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION.]     [§  8,  Ch.  46,  R.  S.] 
The  Superintendent  of  Public  Instruction  shall  be  elected  on  .Tues- 
day next  after  the  first  Monday  of  November,  in  the  year  of  our  Lord 
1874,  and  every  four  years  thereafter. 

8.  STATE  TREASURER.]      [§  9,  Ch.  46,  R.  S.]     The  State  Treasurer 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
in  the  year  of  our  Lord  1872,  and  every  two  years  thereafter. 

9.  TRUSTEES  OF  THE  UNIVERSITY  OF  ILLINOIS.]      [§§  17  and   18, 
Ch.  144,  R.  S.]     There  shall  be  elected  on  Tuesday  next  after  the  first 
Monday  in  November,  in  the  year  of  our  Lord  1888,  and  every  two 
year  thereafter,  three  trustees  of  the  University  of  Illinois,  whose 
term  of  office  shall  be  six  years  from  the  second  Tuesday  of  March 
next  succeeding  the  dates  of  their  several  elections,  and  until  their 
successors  shall  have  been  elected  and  qualified. 

10.  REPRESENTATIVES  IN  CONGRESS.]    [§  6,  Ch.  46,  R.  S.]    Repre- 
sentatives in   Congress  shall  be  elected  on  Tuesday  next  after  the 
first  Monday  in  November,  in  the  year  of  our  Lord  1872  and  every 
two  years  thereafter;  but  if  Congress  shall  fix  a  different  day,  then  such 
election  shall  be  held  on  the  day  so  fixed  by  Congress. 

—2  E 


i8 

11.  STATE  BOARD  OF  EQUALIZATION.]      [§  26,  Ch.  46,  R.  S.]     There 
shall  be  elected  in  each  Congressional  district,  on  Tuesday  next  after 
the  first  Monday  of  November,  in  the  year  of  our  Lord  1872,  and 
every  four  years  thereafter,  a  member  of  the  State  Board  of  Equal- 
ization. 

12.  STATE  SENATORS.]     [§  14,  Ch.  46,  R.  S.]    State  Senators  shall 
be  elected  as  follows,  to-wit :    Those  in  districts  bearing  even  numbers 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
in  the  year  of  our  Lord  1872,  and  every  four  years  thereafter.    Those 
in  districts  bearing  odd  numbers  shall  be  elected  on  Tuesday  next  after 
the  first  Monday  of  November,  in  the  year  of  our  Lord  1874,  and  every 
four  years  thereafter. 

13.  MEMBERS  OF  THE  HOUSE  OF  REPRESENTATIVES.]      [§  15,  Ch. 
46,  R.  S.]     Members  of  the  House  of  Representatives  shall  be  elected 
on  Tuesday  next  after  the  first  Monday  in  November,  in  the  year  of 
our  Lord  1872,  and  every  two  years  thereafter. 

JUDGES. 

14.  JUDGES  OF  THE  SUPREME  COURT.]     [§  10,  Ch.  46,  R.  S.]     The 
judges  of  the  Supreme  Court  shall  be  elected  as  follows,  to-wit:    In 
the  First,  Second,  Third,  Sixth  and  Seventh  districts,  on  the  first 
Monday  of  June,  in  the  year  of  our  Lord  1879,  and  every  nine  years 
thereafter.     In  the  Fourth  district,  on  the  first  Monday  in  June,  in 
the  year  of  our  Lord  1876,  and  every  nine  years  thereafter.     In  the 
Fifth  district,  on  the  first  Monday  in  June,  in  the  year  of  our  Lord 
1873,  and  every  nine  years  thereafter. 

15.  JUDGES  OF  THE  CIRCUIT  COURT.]     [§§  7id,  72  and  74,  Ch.  37, 
R.  S.]     The  judges  of  the  circuit  court,  three  for  each  circuit  out- 
side the  county  of  Cook,  and  fourteen   (14)   in  the  county  of  Cook, 
shall  be  elected  on  the  first  Monday  in  June,  in  the  year  of  our  Lord 
1897,  and  every  six  vears  thereafter. 

16.  JUDGES  OF  THE  SUPERIOR  COURT  OF  COOK  COUNTY.]     [Act  Feb. 
16,  1907,  L  1907.  p.  262.]     That  each  of  the  sitting  judges  of  the  super- 
ior court  of  Cook  county  shall  hold  his  office  until  the  expiration  of  the 
term  for  which  he  was  elected ;  and  from  and  after  the  passage  of  this 
Act  the  twelve  (12)  judges  of  the  superior  court  of  Cook  county  shall 
be  elected  as  follows:    Six  (6)  judges  on  the  Tuesday  next  after  the 
first  Monday  in  November  in  the  year  of  our  Lord  1910,  and  every  six 
(6)  years  thereafter,  and  four  (4)  judges  on  the  Tuesday  next  after 
the  first  Monday  in  November  in  the  year  of  our  Lord  1911,  and  every 
six  (6)   years  thereafter,  and  one  (i)   judge  on  the  first.  Tuesday  in 
April,  in  the  year  of  our  Lord  1907,  and  every  six  (6)  years  thereafter, 
and  one  (i)  judge  on  the  first  Monday  in  June  in  the  year  of  our  Lord 
1909,  and  every  six  (6)  years  thereafter. 

Each  of  the  judges  so  elected  as  herein  provided  shall  enter  upon 
the  duties  of  his  office  on  the  first  Monday  in  December  next  after  his 
election  and  shall  hold  office  for  a  term  of  six  (6)  years  and  until  his 
successor  is  elected  and  qualified. 


19 

17.  ELECTION  OF  COUNTY  JUDGES.]      [§  16,  Ch.  46,  R.  S.]     The 
county  judge,  in  each  county,  shall  be  elected  on  Tuesday  next  after 
the  first  Monday  in  November,  1882,  and  every  four  years  thereafter 
and  shall  enter  upon  the  duties  of  his  office  on  the  first  Monday  of 
December  after  his  election,  and  shall  hold  his  office  until  his  succes- 
sor is  elected  and  qualified. 

1 8.  JUDGES  OF  COURTS  OF  PROBATE.]    [§§  216  and  218,  Ch.  37,  R.  S.] 
A  judge  of  the  probate  court,  in  each  county  having  a  population  o 
seventy  thousand  or  more,  shall  be  elected  on  Tuesday  after  the  first 
Monday  of  November,  at  the  same  election  at  which  the  county  judge 
is  elected,  and  every  fourth  year  thereafter,  and  shall  enter  upon  the 
duties  of  his  office  on  the  first  Monday  of  December  after  his  election, 
and  shall  hold  his  office  until  his  successor  is  elected  and  qualified. 

19.  JUDGES  OF  CITY  COURTS.]      [§  244,  Ch.  37,  R.  S.]     Judges  of 
city  courts  shall  be  elected  in  the  same  manner  that  the  city  officers 
of  such  city  are  elected,  but  not  at  the  same  time,  and  shall  hold  their 
offices  for  the  term  of  four  years,  and  until  their  successors  are  elected 
and  qualified. 

CLERKS. 

20.  CLERK  OF  THE  SUPREME  COURT.]      [§  3a,  Ch.  37,  and  §11,  Ch. 
46,  R.  S.]     A  clerk  of  the  Supreme  Court  shall  be  elected  on  Tuesday 
next  after  the  first  Monday  of  November,  in  the  year  of  our  Lord 
1902,  and  every  six  years  thereafter. 

21.  CLERK  OF  THE  APPELLATE  COURT.]      [§  20,  Ch.  37,  R.  S.]    One 
clerk  of  the  appellate  court  shall  be  elected  in  each  appellate  court 
district;  on  the  Tuesday  next  after  the  first  Monday  in  November, 
1878,  and  every  six  years  thereafter.    Said  clerk  shall  be  commissioned 
by  the  Governor. 

22.  CLERK  OF  THE  CIRCUIT  COURT.]      [§  18,  Ch.  46,  R.  S.]     The 
clerks  of  the  circuit  court  shall  be  elected  on  Tuesday  next  after  the 
first  Monday  of  November,  in  the  year  of  our  Lord  1872,  and  every 
four  years  thereafter. 

23.  CLERK  OF  THE  SUPERIOR  COURT  OF  COOK  COUNTY.]     [§  19,  Ch. 
46,  R.  S.]     The  clerk  of  the  superior  court  of  Cook  county  shall  be 
elected  on  Tuesday  next  after  the  first  Monday  of  November,  A.  D. 
1884,  and  every  four  years  thereafter,  and  shall  enter  upon  the  duties 
of  his  office  on  the  first  Monday  of  December  after  his  election. 

24.  CLERK  OF  THE  CRIMINAL  COURT  OF  COOK  COUNTY.]     [§  20,  Ch. 
46,  R.  S.]     The  clerk  of  the  criminal  court  of  Cook  county  shall  be 
elected  on  Tuesday  next  after  the  first  Monday  of  November,  1886, 
and  every  four  years  thereafter. 

25.  COUNTY  CLERKS.].     [§  16,  Ch.  46,  R.  S.]     The  county  clerks, 
in  each  county,  shall  be  elected  on  Tuesday  next  after  the  first  Mon- 
day of  November,  A.  D.  1882,  and  every  four  years  thereafter,  and 
shall  enter  upon  the  duties  of  their  office  on  the  first  Monday  of  De- 
cember after  their  election. 

26.  PROBATE  CLERKS.]     [§  228,  Ch.  37,  R.  S.]     A  clerk  of  probate 
court,  in  each  county  where  such  court  is  established,  shall  be  elected 


2O 

at  the  same  time  as  the  probate  judge  is  elected,  and  every  four  years 
thereafter,  and  shall  hold  office  until  his  successor  is  elected  and  qual- 
ified. 

27.  CLERK  OF  THE  CITY  COURT.]      [§246,  Ch.  37,  R.  S.]     There 
shall  be  elected,  in  like  manner  as  judges  are  elected,  for  each  city  court 
established  by  law,  a  clerk  who  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  shall  be  elected  and  qualified. 

COUNTY  OFFICERS. 

28.  SHERIFFS.]     [§17,  Ch.  46,  R.  S.]     The  sheriff,  in  each  county, 
shall  be  elected  on  Tuesday  next  after  the  first  Monday  of  November, 
A.  D.  1882,  and  every  four  years  thereafter,  and  shall  enter  upon  the 
duties  of  his  office  on  the  first  Monday  of  December  after  his  election. 

29.  CORONERS.]      [§  17,  Ch.  46,  R.  S.]     A  coroner,  in  each  county, 
shall  be  elected  on  the  Tuesday  next  after  the  first  Monday  of  No- 
vember, A.  D.  1884,  and  every  four  years  thereafter,  and  shall  enter 
upon  the  duties  of  his  office  on  the  first  Monday  of  December  after 
his  election. 

30.  CLERKS  OF  CIRCUIT  COURTS.]      [§  18,  Ch.  46,  R.  S.]  The  clerks 
of  the  circuit  courts  shall  "be  elected  on  Tuesday  next  after  the  first 
Monday  of  November,  in  the  year  of  our  Lord  1872,  and  every  four 
years  thereafter. 

31.  COUNTY  TREASURERS.]      [§§  21  and  22,  Ch.  46,  R.  S.]     County 
treasurers  shall  be  elected  on  Tuesday  next  after  the  first  Monday  of 
November,  1882,  and  every  four  years  thereafter ;  they  shall  enter  upon 
the  duties  of  their  office  on  the  first  Monday  of  December  after  their 
election.     No  person  having  once  been  elected  county  treasurer  shall 
be  eligible  to  re-election  to  said  office  for  four  years  after  the  expira- 
tion of  the  term  for  which  he  shall  have  been  elected. 

32.  COUNTY  SURVEYORS.]      [§  23,  Ch.  46,  R.  S.]     A  county  sur- 
veyor shall  be  elected  in  and  for  each  county  on  Tuesday  next  after 
the  first  Monday  of  November,  in  the  year  1884,  and  every  four  years 
thereafter,  and  shall  enter  upon  his  office  on  the  first  Monday  in  De- 
cember after  his  election. 

33.  COUNTY  SUPERINTENDENTS  OF  SCHOOLS.]     [§  24,  Ch.  46,  R.  S.] 
County  superintendents  of  schools  shall  be  elected  on  Tuesday  next 
after  the  first  Monday  of  November  1882,  and  every  four  years  there- 
after ;  they  shall  enter  upon  their  offices  on  the  first  Monday  of  De- 
cember after  their  election. 

34.  STATE'S  ATTORNEYS.]      [§  25,  Ch.  46,  R.  S.]  A  State's  attor- 
ney shall  be  elected  in  each  county  on  Tuesday  next  after  the  first 
Monday  of  November,   1884,  and  every  four  years  thereafter,  and 
shall  enter  upon  his  office  on  the  first  Monday  in  December  after  his 
election. 

35.  RECORDERS  OF  DEEDS  IN  CERTAIN  COUNTIES.]      [§  27,  Ch.  46, 
R.  S.]     In  counties  having  a  population  of  60,000  or  more  there  shall 
be  elected  a  recorder  of  deeds,  on  Tuesday  next  after  the  first  Monday 
of  November,  in  the  year  of  our  Lord   1872,  and  every  four  years 
thereafter. 


21 

36.  COUNTY  COMMISSIONERS.]     [§  28,  Ch.  46,  R.  S.]     In  counties 
not  under  township  organization  there  shall  be  elected,  on  Tuesday 
next  after  the  first  Monday  in  November  in  each  year,  one  county 
commissioner,  who  shall  hold  his  office  for  the  term  of  three  years. 

37.  COUNTY  COMMISSIONERS  OF  COOK  COUNTY.]     [§§  60  and  61,  Ch. 
34,  R.  S.]     On  the  first  Tuesday  after  the  first  Monday  in  November, 
A.  D.  1894,  and  every  two  years  thereafter,  there  shall  be  elected  in 
Cook  county  fifteen  (15)  county  commissioners,  who  shall  hold  their 
offices,  respectively,   for  the  term  of  two  years  and  until  their  suc- 
cessors are  elected  and  qualified.     Ten  of  said  commissioners  shall  be 
elected  from  the  city  of  Chicago,  by  the  legal  voters  of  said  city,  and 
five  of  said  commissioners  shall  be  elected  from  the  towns  outside  of 
said  city,  by  the  legal  voters  of  said  towns.    Every  legal  voter  in  said 
county  may  vote  for  and  designate  (upon  his  ballot  cast  for  county 
commissioners)   one  of  the  candidates  for  commissioner  to  be  presi- 
dent of  the  county  board ;  and  the  person  who  shall  receive  the  high- 
est number  of  such  votes  shall  be  declared  elected  president  of  such 
board.    Terms  of  office  of  said  commissioners  shall  begin  on  the  first 
Monday  of  December  after  their  election.     Each  of  the  commission- 
ers shall  have  been  a  resident  of  said  county  for  five  years  next  pre- 
ceding his  election. 

38.  JUSTICES  AND  CONSTABLES.]      [§  i,  Ch.  79,  R.  S.]     That  on 
the  first  Tuesday  in  April,  A.  D.  1897,  and  at  each  quadrennial  elec- 
tion for  town  officers  thereafter,  there  shall  be  elected  in  each  town 
in  counties  under  township  organization  (except  as  to  justices  of  the 
peace  in  the  city  of  Chicago^  in  Cook  county),  and  on  Tuesday  next 
after  the  first  Monday  in  November,  A.  D.  1897,  and  on  the  same  day 
quadrennially  thereafter,  there  shall  be  elected  in  each  election  pre- 
cinct in  counties  not  under  township  organization,  two  justices  of  the 
peace  and  two  constables,  and  one  justice  of  the  peace  and  one  con- 
stable for  every  1,000  inhabitants  exceeding  2,000  inhabitants  of  such 
town  or  precinct:    Provided,  no  more  than  five  justices  of  the  peace 
and  five  constables  shall  be  elected  in  any  town  or  precinct,  and  that 
in  towns  containing  any  portion  of  the  city  of  Chicago,  there  shall  be 
elected  one  additional  constable  for  each  additional  10,000  inhabitants 
of  such  towns  exceeding  10,000  inhabitants  and  no  more.     The  term 
of  office  of  justices  of  the  peace  and  constables  shall  be  for  four  years 
and  until    their    successors  are    elected    and  qualified.      In    counties 
under  township  organization  their  terms  shall  commence  on  the  first 
Monday  in  May,  and  in  counties  not  under  township  organization  on 
the  first  Monday  in  December  after  their  election.     No  justice  of  the 
peace  shall  hold  the  office  of  police  magistrate. 

ARTICLE  II. 

ELECTION   PRECINCTS  AND  OFFICERS. 

i.  PRECINCTS.]  [§  29,  Ch.  46,  R.  S.]  In  counties  not  under 
township  organization,  the  election  precincts  shall  remain  as  now 
established  until  changed  by  the  board  of  county  commissioners,  but 
said  county  board  may,  from  time  to  time,  change  the  boundaries  of 
election  precincts  and  establish  new  ones.  In  counties  under  town- 
ship organization,  each  town  shall  constitute  an  election  precinct. 


22 

2.     CHANGE    OF    ELECTION    PRECINCTS — DIVIDING    PRECINCTS    INTO 

DISTRICTS POLLING   PLACES   AT   SOLDIERS'    HOMES.]      [§  30,   Ch.<  46, 

R.  S.]  The  county  board  in  each  county  shall,  at  its  regular  meet- 
ing in  the  month  of  June,  or  an  adjourned  meeting  in  the  month  of 
July,  1903,  divide  its  election  precincts  which  contain  more  than 
four  hundred  and  fifty  (450)  voters,  into  election  districts,  so  that 
each  district  shall  contain,  as  near  as  may  be  practicable,  four  hun- 
dred (400)  voters,  and  not  more  in  any  case  than  four  hundred  anJ 
fifty  (450).  Said  district  shall  be  composed  of  contiguous  territory, 
and  in  as  compact  form  as  can  be  for  the  convenience  of  the  electors 
voting  therein.  The  several  county  boards  in  establishing  said  dis- 
tricts, shall  describe  them  by  metes  and  bounds,  and  number  them. 
And  so  often  thereafter  as  it  shall  appear  by  the  number  of  votes 
cast  at  the  general  election  held  in  November  of  any  year,  that  any 
election  district  or  undivided  election  precinct  contatins  more  than 
four  hundred  and  fifty  (450)  voters,  the  county  board  of  the  county 
in  which  said  district  or  precinct  may  be,  shall,  at  its  regular  meet- 
ing in  the  month  of  June  or  an  adjourned  meeting  in  the  month  of 
July,  next,  after  such  November  election,  redivide  or  readjust  such 
election  district,  or  election  precinct,  so  that  no  district  or  election 
precinct  shall  contain  more  than  the  number  of  votes  above  specified. 
If,  for  any  reason,  said  county  board  shall  fail  in  any  year  to  redivide 
or  readjust  said  election  districts  or  election  precincts,  then  said  dis- 
tricts or  precincts  as  then  existing,  shall  continue  until  the  next 
regular  June  meeting  of  said  county  board ;  at  which  regular  June 
meeting,  or  an  adjourned  meeting  in  the  month  of  July,  said  county 
board  shall  redivide  or  readjust  said  election  districts,  or  election 
precincts  in  manner  as  herein  required.  And  on  or  before  the  first  [ist] 
day  of  September,  1903,  the  county  clerk  in  each  county  shall  make 
a  correct  list  of  all  election  districts  and  election  precincts  into  which 
the  county  is  divided,  designating  each  by  its  name  or  number,  or 
name  and  number  as  the  case  may  be,  and  forward  said  list  to  the 
Secretary  of  State ;  and,  thereafter,  when  at  any  meeting  of  the  county 
board  any  redi vision,  readjustment  or  change  in  name  or  number  of 
election  districts  or  election  precincts,  is  made  by  the  said  county 
board,  it  shall  be  the  duty  of  the  county  clerk  to  immediately  notify 
the  Secretary  of  State  of  such  redivision,  readjustment  or  change. 
The  county  board  in  every  case  shall  fix  and  establish  the  places  for 
holding  elections  in  its  respective  county,  and  all  general  and  special 
elections,  town  meeting  elections  or  town  elections,  shall  be  held  at 
the  places  so  fixed.  The  said  polling  places  shall  in  all  cases  be  upon 
the  ground  floor  in  the  front  room,  the  entrance  to  which  is  in  a 
highway  or  public  street,  which  is  at  least  forty  (40)  feet  wide,  and 
is  as  near  to  the  center  of  the  voting  population  of  the  district  as  is 
practicable,  and  for  the  convenience  of  the  greatest  number  of  elec- 
tors to  vote  thereat;  and  in  no  case  shall  an  election  be  held  in  any 
room  used  or  occupied  by  a  saloon,  dram  shop,  bowling  alley  or  as  a 
place  of  resort  for  idlers  and  disreputable  persons,  billar  [billiard] 
hall,  or  in  any  room  connected  therewith  by  doors  or  hallways.  No 
person  shall  be  permitted  to  vote  at  any  election,  except  in  the  district 
in  which  he  resides :  Provided,  that  the  county  board  may,  if  it  deem 


:m 


23 

it  for  the  best  interest  of  the  voters  of  any  town  or  precinct,  divide 
any  election  precinct  which  contains  more  than  three  hundred  (300) 
legal  voters,  into  two  election  precincts,  said  precincts  to  contain  as 
near  two  hundred  (200)  voters  as  is  possible:  Provided,  further, 
that  it  shall  be  the  duty  of  the  county  board  in  each  county  where 
any  State  soldiers'  and  sailors'  home  or  homes  or  any  national 
home  for  disabled  volunteer  soldiers  are  located,  the  inhabitants  of 
which  are  entitled  to  vote,  to  fix  and  establish  the  place  or  places 
for  holding  such  election  or  elections,  at  some  convenient  and  com- 
fortable place  or  places  easy  of  access  on  the  ground  or  grounds,  and 
within  the  enclosures  where  such  State  soldiers'  and  sailors'  home  or 
homes,  or  national  home  for  disabled  volunteer  soldiers  are  located. 

ELECTION   OFFICERS. 

3.  JUDGES — HOW  APPOINTED.]  [§  32,  Ch.  46,  R.  S.]  In  counties 
not  under  township  organization,  the  county  board  of  commission- 
ers shall  at  its  regular  (or  at  a  special)  meeting  in  the  month  of 
June  or  July  in  each  year,  appoint  in  each  election  precinct  or 
district,  as  the  case  may  require  (where  judges  have  not  been 
elected  therein)  three  capable  and  discreet  electors  to  be  judges 
of  election.  No  more  than  two  persons  of  the  same  political  party 
shall  be  appointed  judges  of  the  same  election  district  or  undivided 
precinct.  The  appointment  shall  be  made  in  the  following  manner: 
The  members  of  said  county  board  of  commissioners  who  represent 
the  political  party  having  the  greatest  number  of  votes  on  said  county 
board  of  commissioners,  being  less  than  the  whole  number,  shall 
select  (and  the  county  board  of  commissioners  shall  appoint  such 
selection  when  made)  two  persons,  who  are  legal  voters,  as  judges  of 
election  in  each  election  precinct  or  district  in  said  county  which  gave 
in  the  preceding  general  election  in  said  election  precinct  or  district 
the  higher  number  of  votes  to  said  political  party  having  the  greatest 
number  of  votes  upon  said  county  board  of  commissioners,  and  shall 
also  select  one  person,  who  is  a  legal  voter,  as  judge  of  election  in  each 
of  the  other  election  precincts  or  districts  in  said  county,  which  at  the 
preceding  general  election  gave  in  said  election  precinct  or  district, 
the  second  higher  number  of  votes  to  said  political  party  having  the 
greatest  number  of  votes  on  said  county  board  of  commissioners. 
The  member  of  the  county  board  of  commissioners  who  represents  the 
political  party  having  the  next  highest  number  of  votes  upon  said 
county  board  of  commissioners  shall  have  the  power  and  authority  to 
select  (and  the  county  board  of  commissioners  shall  appoint  such 
selection  when  made)  two  persons  who  are  legal  voters  as  judges  of 
election  in  each  election  precinct  or  district,  which  at  the  preceding 
general  election  gave  in  said  election  precinct  or  district,  the 
higher  number  of  votes  to  said  political  party  having  the  next  highest 
number  of  votes  upon  said  county  board  of  commissioners  and  said 
member  of  the  county  board  of  commissioners  representing  said 
political  party  having  the  next  highest  number  of  votes  upon  said 
county  board  of  commissioners  shall  also'  select,  and  the  county  boarJ 


24 

of  commissioners  shall  appoint  the  said  selection,  when  made,  one 
person,  who  is  a  legal  voter,  as  judge  of  election  in  each  of  the  other 
election  precincts  or  districts  in  said  county.  In  case  the  three  mem- 
bers of  the  county  board  of  commissioners  represent  three  different 
political  parties,  then  in  that  case,  the  member  of  the  county  board  of 
commissioners  representing  the  political  party  casting  the  highest 
number  of  votes  at  the  preceding  general  election  in  any  election  pre- 
cinct or  district  shall  select  the  two  judges  of  election  to  serve  in  such 
election  precinct  or  district,  and  the  member  of  the  county  board  of 
commissioners  who  may  represent  the  political  party  casting  the  next 
highest  number  of  votes  at  the  preceding  general  election  in  any 
election  precinct  or  district,  shall  select  the  one  judge  of  election  to 
serve  in  such  election  precinct  or  district:  Provided,  that  if  any 
county  board  of  commissioners  shall  be  composed  of  members  who 
belong  to  any  one  political  party  entirely,  then  in  that  case  the  chair- 
man of  the  county  central  committee  of  the  political  party  casting  the 
highest  or  next  highest  number  of  votes  at  the  last  preceding  general 
election  in  each  election  precinct  or  district  shall  select  the  two  judges 
of  election,  or  the  one  judge  of  election,  as  the  case  may  be,  and  the 
county  board  of  commissioners  shall  appoint  the  said  judge  or  judges 
of  election  so  selected  by  the  chairman  of  the  above  mentioned  county 
central  committee.  Said  election  judges  shall  hold  their  office  for  one 
year  from  their  appointment,  and  until  their  successors  are  duly  ap- 
pointed in  the  manner  heretofore  provided.  The  said  county  board 
of  commissioners  shall  fill  all  vacancies  in  said  office  of  judge  of 
election  at  any  time  in  the  manner  heretofore  provided. 

4.  QUALIFICATIONS  OF  JUDGES.]       [§31,  Ch.  46,    R.  S.]      Every 
person  elected  or  chosen  judge  of  election  shall  be  of  fair  character, 
approved  integrity,  well  informed,  who  can  read,  write  and  speak  the 
English  language,  and  has  resided  in  the  election  precinct  or  dis- 
trict, in  which  he  is  to  serve,  for  one  year  next  preceding  the  election, 
and  is  entitled  to  vote  therein  at  such  election. 

5.  JUDGES  OF  COUNTIES  UNDER  TOWNSHIP  ORGANIZATION.]      [§  33, 
Ch.  46,  R.  S.]     In  counties  under  township  organization  the  county 
board  shall,  at  its  regular  (or  at  a  special)  meeting  in  the  month  of 
June  of  each  year,  except  when  such  judges  and  clerks  are  appointed 
by  election  commissioners,  appoint  in  each  election  precinct  or  dis- 
trict in  the  county,  three  capable  and  discreet  electors  to  be  judges  of 
election,  and  who  shall  possess  the  qualifications  required  by  this  Act 
for  such  judges.     No  more  than  two  persons  of  the  same  political 
party  shall  be  appointed  judges  in  the  same  election  district  or  undi- 
vided precinct.    The  town  supervisor  shall  be  appointed  as  one  of  such 
judges  of  election  in  the  district  or  precinct  in  which  he  resides.    The 
appointment  of  the  remaining  judges  of  election  in  the  various  elec- 
tion precincts  and  districts  shall  be  made  in  the  following  manner : 

The  members  of  the  county  board  of  supervisors  belonging  to  the 
political  party  having  the  greatest  number  of  votes  upon  said  county 
board  of  supervisors  shall  elect  (and  the  county  board  shall  appoint 
the  selection  so  made)  the  majority  of  the  election  judges  in  each 
election  district  or  precinct  in  each  township  in  which  said  political 


party  cast  the  highest  number  of  votes  at  the  preceding  general  elec- 
tion for  Governor,  and  shall  also  select  (and  the  county  board  shall 
appoint  the  selection  so  made)  the  minority  judge  of  election  in  each 
election  district  or  precinct  in  each  township  in  which  said  political 
party  cast  the  second  highest  number  of  votes  for  Governor  at  the 
preceding  general  election.  The  members  of  the  county  board  of 
supervisors  belonging  to  the  political  party  having  the  second  greatest 
number  of  votes  upon  said  county  board  of  supervisors  shall  select 
(and  the  county  board  shall  appoint  the  selection  so  made)  the  major-" 
ity  of  the  election  judges  in  each  election  district  or  precinct  in  each 
township  in  which  said  political  party  cast  the  highest  number  of 
votes  at  the  preceding  general  election  for  Governor,  and  shall  also 
select  (and  the  county  board  shall  appoint  the  selection  so  made)  the 
minority  election  judge  in  the  election  district  or  precinct  in  each 
township  in  which  said  political  party  cast  the  second  highest 
number  of  votes  at  the  preceding  general  election  for  Governor : 
Provided,  that  if  the  county  board  of  supervisors  shall  be  composed 
of  members  who  belong  to  any  one  political  party  entirely,  then,  in 
that  case,  the  chairman  of  the  county  central  committee  of  the  other 
political  party  casting  the  next  highest  number  of  votes  in  said 
county  at  the  preceding  general  election  is  hereby  empowered  and 
authorized  to  make  the  selection  of  the  minority  judge  of  election, 
who  shall  serve  in  each  of  the  election  districts  or  precincts  in  said 
county,  and  the  members  of  the  county  board  of  supervisors  are  here- 
by directed  to  make  the  appointment  of  said  minority  judges  of  elec- 
tion for  each  election  district  or  precinct  as  selected  by  the  chairman 
of  the  above  mentioned  county  central  committee:  And,  provided, 
further^  that  where  the  county  board  shall  be  equally  divided  and 
two  political  parties  shall  be  represented  by  an  equal  number  of  mem- 
bers, the  selection  and  appointment  of  such  judges  of  election  shall 
be  made  as  in  the  case  where  there  is  a  majority  of  members  on  the 
county  board  belonging  to  one  political  party.  The  members  repre- 
senting the  political  party  casting  the  highest  number  of  votes  in  a 
township  at  the  preceding  election  for  Governor  shall  select  the  ma- 
jority judges  of  election  in  said  township,  and  the  members  repre- 
senting the  political  party  that  cast  the  second  highest  number  of 
votes  at  the  preceding  election  for  Governor  in  said  township  shall 
select  the  minority  judges  of  election  in  said  township,  and  the  county 
board  shall  appoint  the  selection  so  made:  And,  provided,  further, 
that  where  a  supervisor  shall  be  elected  in  a  township,  said 
supervisor  representing  a  political  party  that  neither  has  the  highest 
nor  second  highest  number  of  votes  for  members  on  the  said  county 
board,  the  said  supervisor  shall  be  authorized  and  empowered  to 
select  a  majority  of  the  judges  of  election  in  the  precincts  or  election 
districts  in  said  township,  such  persons  to  represent  the  same  political 
faith  or  belief  as  said  supervisor,  and  the  county  board  shall  appoint 
the  selection  so  made.  The  members  of  the  county  board  represent- 
ing the  political  party  casting  the  second  highest  number  of  votes  in 
said  township  at  the  preceding  general  election  for  Governor  shall 


26 

select  the  minority  judges  of  election  in  said  township  and  the  county 
board  shall  appoint  the  selection  so  made.  Such  judges  of  elections 
shall  hold  their  office  for  one  year  from  their  appointment  and  until 
their  successors  are  duly  appointed  in  the  manner  hereinbefore  pro- 
vided. The  said  county  board  of  supervisors  shall  fill  all  vacancies 
in  said  office  of  judges  of  elections  at  any  time,  in  the  manner  here- 
inbefore provided. 

6.  NOTICE  OF  APPOINTMENT.]     [§  34,  Ch.  46,  R.  S.]     Immediately 
on  the  appointment  of  such  judges,  the  county  clerk  shall  make  out 
and  deliver  to  the  sheriff  of  the  county,  a  notice  thereof,  directed  to 
each  person  so  appointed,  and  the  sheriff  shall,  within  twenty  days 
after  the  receipt  of  such  notices  deliver  the  same  to  the  several  judges 
so  appointed. 

7.  TERM  OF  OFFICE.]      [§35,  Ch.  46,  R.  S.]     The  judges  so  ap- 
pointed shall  be  and  continue  judges  of  all  general  and  special  elections 
held  within  their  respective  precincts  or  districts  until  other  judges  shall 
be  appointed  in  like  manner. 

8.  VACANCIES  FILLED.]     [§  36,  Ch.  46,  R.  S.]     If,  at  the  time  for 
the  opening  of  any  election,  any  person  appointed  or  constituted  a 
judge  of  election  shall  not  be  present,  or  will  not  act  or  take  the  oath 
to  act  in  such  capacity,  the   judge  or  judges  present  may  appoint 
some  other  qualified  elector  to  act  in  his  place.     If  there  be  no  judge 
of  election  present,  or  he  refuses  to  act,  such  electors  of  the  precinct 
or  district  as  may  then  be  present  at  the  place  of  election,  may  fill 
the  places  of  such  judges  by  election  from  their  number.     The  judges 
so  appointed  shall  have  the  same  power  and  be  subject  to  the  same 
penalties  as  other  judges  of  election. 

9.  CLERKS  OF  ELECTION.]      [§  37,  Ch.  46,  R.  S.]     Each  judge  of 
election  shall  choose  a  person  having  the  qualifications  of  a  judge  of 
election,  to  act  as  clerk  of  election,  who  may  continue  to  act  as  such 
during  the  pleasure  of  the_  judge  making  such  appointment. 

10.  OATH.]      [§  38,  Ch.  46,  R.  S.]     Previous  to  any  votes  being 
taken,  the  judges  and  clerks  of  the  election  shall  severally  subscribe 
and  take  an  oath  or  affirmation  in  the  following  form,  to-wit: 

"I  do  solemnly  swear  (or  affirrn,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitution  of 
the  State  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  judge  of  election  (or  clerk,  as  the  case  may  be)  as- 
cording  to  the  best  of  my  ability,  and  that  I  have  resided  in  this  election 
district  for  one  year  next  preceding  this  election,  and  am  entitled 
to  vote  at  this  election." 

11.  BY  WHOM  ADMINISTERED.]      [§  39,  Ch.  46,  R.  S.]     In  case 
there  shall  be  no  judge  or  justice  of  the  peace  present  at  the  opening 
of  the  election,  or  in  case  such  judge  or  justice  shall  be  appointed  a 
judge  or  clerk  of  election,  it  shall  be  lawful  for  the  judges  of  the 
election  to  administer  the  oath  or  affirmation  to  each  other,  and  to 
the   clerks   of   election,   and   the  person   administering   such   oath   or 
affirmation  shall  cause  an  entry  thereof  to  be  made  and  subscribed  by 
him  and  prefixed  to  each  poll  book. 


27 

12.  CONSTABLES — COUNTY     BOARD    OR     JUDGES,     MAY    APPOINT.] 
[§  43,  Ch.  46,  R.  S.]     The  county  board  may  appoint  one  or  more  con- 
stables to  attend  each  place  of  holding  elections  and  preserve  order 
during  the  election;  if  no  constable  is  appointed  by  the  county  board 
to  attend  any  place  of  holding  election,  or  if  others  shall  be  necessary 
to  preserve  order,  the  judges  of  election  may  appoint  one  or  more 
constables  for  that  purpose. 

13.  SPECIAL  CONSTABLE.]      [§  44,  Ch.  46,  R.  S.]     The  judges_of_ 
election  may  appoint  any   suitable  person  to   act  as   a   special   con- 
stable during  the  election. 

14.  SUPPRESSION  OF  RIOT,  ETC. — ARREST.]      [§  45,  Ch.  46,  R.  S.] 
Any  constable  attending  such  election  may  call  to  his  aid  a  sufficient 
number  of  citizens  to  arrest  any  disorderly  person  or  suppress  any 
riot  or  disorder  during  the  election.     Whoever  conducts  himself  in  a 
riotous  or  disorderly  manner  at  any  election,  and  persists  in  such  con- 
duct after  being  warned  to  desist,  may  be  arrested  without  warrant. 

ARTICLE  III. 

REGISTRATION   OF  ELECTORS. 

1.  BOARD   OF   REGISTRATION — MEETING — REGISTER.]      [§    135,   Ch. 
46,  R.  S.]     The  persons  authorized  by  law,  or  appointed  pursuant  to  any 
town  or  city  ordinance,  to  act  as  judges  or  inspectors  of  elections  in  any 
town,  city  or  ward,  or  other  election  district  or  precinct  shall  constitute 
a  "board  of  registry"  for  their  respective  towns,  cities,  wards,  districts 
or  precincts,  and  shall  meet  on  Tuesday,  three  weeks  preceding  any 
State  election,  at  9  :oo  o'clock  a.  m.,  and  proceed  to  make  a  list,  as  here- 
inafter prescribed,  of  all  persons  qualified  and  entitled  to  vote  at  the 
ensuing  election  in  the  election  district  of  which  they  are  judges,  or  in- 
spectors, which  list  when  completed  shall  constitute  and  be  known  as 
the  "register'''  of  electors  of  said  election  district.     In  election  districts 
in  towns  which  lie  wholly  within  the  limits  of  an  incorporated  city,  a 
register  of  electors  shall  be  made  for  all  elections,  whether  general, 
special,  local  or  municipal,  in  the  same  manner  as  herein  provided  in 
the  case  of  State  elections. 

2.  MANNER  OF  MAKING  REGISTER,  ETC. — FIRST  MEETING.]     [§  136, 
Ch.  46,  R.  S.]     Said  registers  shall  each  contain  a  list  of  the  persons 
so  qualified  and  entitled  to  vote  in  said  election  district,  alphabetically 
arranged  according  to  their  respective  surnames,  so  as  to  show,  in  one 
column,  the  name  in  full  length,  and  in  another  column  in  cities,  the 
residence  by  the  number  of  the  dwelling,  if  there  be  a  number,  and 
the  name  of  the  street  or  other  location  of  the  dwelling  place  of  each 
person.     It  shall  be  the  duty  of  said  board  to  enter  in  said  list  the 
names  of  all  persons  residing  in  their  election  district,  whose  names 
appear  on  the  poll  list  kept  in  said  district  at  the  last  preceding  elec- 
tion— in  cities  the  number  of  the  dwelling  and  the  name  of  the  street 
or  other  location,  if  the  same  shall  be  known  to  or  can  be  ascertained 
by  such  board — and  for  this  purpose  said  board  is  authorized  to  take 
from  the  office  in  which  they  are  filed  the  poll  lists  made  and  filed  by 
the  judges  or  inspectors  of  such  district,  at  the  election  held  next  prior 


28 

to  the  making  of  such  register.  In  making  said  list,  the  board  shall  en- 
ter thereon  in  addition  to  the  names  on  the  poll  lists,  the  names  of  all 
other  persons  who  are  well  known  to  them  to  be  electors  in  said  dis- 
trict ;  and  the  names  of  all  persons  on  the  poll  lists  who  have  died  or 
removed  from  the  district  shall  be  omitted  from  the  register.  The 
said  board  shall  complete,  as  far  as  practicable,  the  said  register  on 
the  day  of  its  meeting  aforesaid,  and  shall  make  two  copies  thereof, 
and  certify  the  register  and  each  of  the  copies  to  be  a  true  list  of 
the  voters  in  said  district,  so  far  as  the  same  are  known.  Within  two 
days  thereafter,  the  said  original  list,  together  with  the  list  taken  from 
the  office,  as  aforesaid,  shall  be  filed  by  said  board  in  the  office  of  the 
town  clerk  of  the  town  in  which  said  election  district  may  be,  but  in 
counties  not  adopting  township  organization,  said  lists  shall  be  filed 
with  the  judges  or  inspectors  of  election  in  the  proper  district,  or,  if 
such  election  district  is  in  a  city,  then  it  shall  be  filed  in  the  office  of  the 
city  clerk  of  said  city.  And  one  copy  of  said  list  shall  be  kept  by  one 
of  said  judges  or  inspectors,  and  carefully  preserved  by  him  for  use  on 
the  day  or  days  hereinafter  mentioned,  for  the  revision  and  correction 
of  the  same.  One  copy  of  said  list  shall,  immediately  after  its  com- 
pletion, be  posted  in  some  conspicuous  place  where  the  last  preceding 
election  in  said  district  was  held,  and  be  accessible  to  any  elector  who 
may  desire  to  examine  the  same  or  make  copies  thereof. 

3.  NEW  ELECTION  DISTRICTS.]     [§  137,  Ch.  46,  R.  S.]     In  case  a 
new  election  district  shall  be  formed  by  the  organization  of  a  new 
town,  or  by  the  division  of  any  town  or  ward,  or  the  incorporation  of  a 
city  or  town,  the  judges  or  inspectors  of  election  in  the  new  district  thus 
formed  may  make  their  registry  of  electors  on  the  day  prescribed  by  this 
Act,  in  such  a  manner  as  a  majority  of  them  may  direct,  and  for  that 
purpose  may  make  a  list,  or  cause  to  be  made  a  certified  copy  of  the  poll 
list  or  lists  of  the  district  in  which  such  new  district  is  situated,  or 
they  may  dispense  with  such  list  or  lists  and  proceed  to  make  a  register 
of  electors  from  the  best  means  at  their  command.     Said  lists  shall 
only  embrace  the  names  of  such  persons  as  are  known  to  them  to  be 
electors  in  said  new  district,  and  shall  be  posted  up  and  copies  thereof 
made,  as  prescribed  in  the  preceding  section,  and  shall  be  corrected 
in  the  same  manner  that  other  lists  are  corrected. 

4.  REVISING  REGISTER — SECOND  MEETING.]    [§  138,  Ch.  46,  R.  S.] 
The  said  board  shall  again  meet  on  Tuesday  of  the  week  preceding 
the  said  elections,  in  their  respective  election  districts,  at  the  place 
designated  for  holding  the  polls  of  the  election,  for  the  purpose  of 
revising,  correcting  and  completing  said  list;  and  for  this  purpose,  in 
cities,  they  shall  meet  at  8:00  o'clock  in  the  morning  and  remain  in 
session  until  9:00  o'clock  p.  m.,  and  in  other  districts  they  shall  meet 
at  9  :oo  o'clock  in  the  morning  and  remain  in  session  until  4  :oo  o'clock 
p.  m. 

5.  PROCEEDINGS  OPEN — CORRECTIONS,  ETC.]     [§  139,  Ch.  46,  R.  S.] 
The  proceedings  of  said  board  shall  be  open,  and  all  persons  residing 
and  entitled  to  vote  in  said  district  shall  be  entitled  to  be  heard  by  said 
board  in  relation  to  corrections  or  additions  to  said  register.     One  of 


29 

the  lists  so  kept  by  the  judges  or  inspectors  as  aforesaid,  shall  be  used 
by  them  on  the  day  or  days  of  making  corrections  or  additions,  for  the 
purpose  of  completing  the  registry  for  such  district. 

6.  REVISING  REGISTER — ADDITION  OF  NEW  NAMES.]     [§  140,  Ch.  46, 
R.  S.]     It  shall  be  the  duty  of  said  board,  at  their  meeting  for  revis- 
ing and  correcting  said  lists,  to  erase  therefrom  the  name  of  any  per- 
son inserted  therein  who  shall  be  proved  by  the  oath  of  two  legal 
voters  of  said  district,  to  the  satisfaction  of  said  board,  to  be  non- 
residents of  said  district,  or  otherwise  not  entitled  to  vote  in  said  dis- 
trict at  the  election  then  next  to  be  held.    Any  elector  residing  in  said 
district,  and  entitled  to  vote  therein,  may  appear  before  said  board 
and  require  his  name  to  be  recorded  on  said  alphabetical  list.     Any 
person  so  requiring  his  name  to  be  so  entered  on  said  list  shall  make 
the  same  statement  as  to  the  street  and  number  thereof,  and  where  he 
resides,  required  by  the  provisions  of  this  Act  of  persons  offering  their 
votes  at  elections,  and  shall  be  subject  to  the  same  penalties  for  re- 
fusing to  give  such  information  or  for  falsely  giving  the  same,  and 
shall  also  be  subject  to  challenge,  either  by  the  judges  or  inspectors,  or 
either  of  them  or  by  any  other  elector  whose  name  appears  on  said 
alphabetical  list ;  and  the  same  oaths  may  be  administered  by  the  judges 
or  inspectors  as  now  provided  in  case  of  persons  offering  to  vote  at  an 
election ;  and  in  case  no  challenge  is  made  of  any  person  requiring  his 
name  to  be  entered  on  said  alphabetical  list,  or  in  case  of  challenge,  if 
such  person  shall  make  oath  that  would  entitle  him  to  vote  in  case  of 
challenge  at  an  election,  then  the  name  of  any  such  person  shall  be 
added  to  the  alphabetical  poll  list  of  the  last  preceding  year. 

7.  COPIES  OF    REGISTER — FILING DELIVERY     TO     JUDGES — VOTING — 

SWEARING  IN  VOTE,  ETC.]  [§  141,  Ch.  46,  R.  S.]  After  said  lists 
shall  have  been  fully  completed,  the  said  board  shall,  within  three 
days  thereafter,  cause  two  copies  of  the  same  to  be  made,  each  of 
which  shall  be  certified  by  them  to  be  a  correct  list  of  the  voters  of 
said  district,  one  of  which  shall  be  filed  in  the  office  of  the  town  clerk 
of  towns,  and  in  the  office  of  city  clerks  of  cities,  and  one  of  which 
copies  shall  be  delivered  to  said  judges  or  inspectors.  It 
shall  be  the  duty  of  the  said  judges  or  inspectors  so  re- 
ceiving such  list,  carefully  to  preserve  the  said  list  for  their 
use  on  election  day,  and  to  designate  two  of  their  number, 
at  the  opening  of  the  polls,  to  check  the  name  of  every  voter  voting 
in  such  district  whose  name  is  on  the  register.  'No  vote  shall  be  re- 
ceived at  any  State  election  if  the  name  of  the  person  offering  to 
vote  be  not  on  the  said  register  made  on  the  Tuesday  preceding  the 
election,  unless  the  person  offering  to  vote  shall  furnish  to  the  judges 
of  the  election  his  affidavit,  in  writing,  stating  therein  that  he  is  an 
inhabitant  of  said  district  and  entitled  to  vote  therein  at  such  elec- 
tion, and  prove  by  the  oath  of  a  householder  and  registered  voter  of 
the  district  in  which  he  offers  to  vote  that  he  knows  such  person  to 
be  an  inhabitant  of  the  district,  and,  if  in  any  city,  giving  the  resi- 
dence of  such  person  within  said  district.  The  oath  may  be  admin- 
istered by  one  of  the  judges  or  inspectors  of  the  election,  at  the  poll 
where  the  vote  shall  be  offered,  or  by  any  other  person  authorized  to 
administer  oaths,  but  no  person  shall  be  authorized  to  receive  compen- 


.        30 

sation  for  administering  the  oath.  Said  oath  shall  be  preserved  and 
filed  in  the  office  of  the  town  or  city  clerk,  or  in  case  there  be  no  clerk, 
then  said  oath  shall  be  filed  with  and  preserved  by  the  judges  or  in- 
spectors of  the  proper  district.  Any  person  may  be  challenged,  and 
the  same  oaths  shall  be  put  as  are  now  or  hereafter  may  be  pre- 
scribed by  law. 

8.  POLL  LIST  AND  REGISTER  TO  BE  FILED.]     [§  143,  Ch.  46,  R.  S.] 
After  the  canvass  of  the  votes,  one  of  said  poll  lists  and  said  registers 
so   kept   and   checked,   as   aforesaid,   shall   be   attached   together   and 
shall  be,  on  the  following  day,  filed  in  the  town  or  city  clerk's  office 
(as  the  case  may  be)  in  which  said  district  may  be,  or  in  case  there 
be  no  such  clerk,  then  such  poll  lists  and  register  shall  be  filed  with 
and  preserved  by  the  judges  or  inspectors  to  be  used  by  the  board  of 
registry  in  making  the  list  of  voters  at  the  next  State  election ;  the  other 
of  the  said  poll  lists  and  registers,  so  kept  and  checked,  shall  be  re- 
turned to  the  office  of  the  county  clerk  of  the  county  in  which  said  dis- 
trict may  be,  at  the  same  time  the  returns  of  the  election  are  made. 

9.  REGISTERS  OPEN  TO  INSPECTION.]     [§  144,  Ch.  46,  R.  S.]    The 
registers  shall  at  all  times  be  open  to  public  inspection,  at  the  office 
of  the  authorities  in  which  they  shall  be  deposited,  without  charge. 

10.  PRESERVING  ORDER.]     [§  146,  Ch.  46,  R.  S.]    The  said  board 
shall  have  and  exercise  the  same  power  in  preserving  order  at  their 
meetings,  under  this  Act,  as  are  given  to  judges  or  inspectors  of  elec- 
tions for  preserving  order  on  election  days  ;  and  vacancies  in  said  board 
shall  be  filled  in  the  same  manner  that  vacancies  are  now  filled  at 
elections. 

11.  BLANKS   TO   BE   FURNISHED.]     [§    148,   Ch.   46,   R.    S.I     The 
necessary  blanks  for  making  the  registers  required  by  law  shall  be 
prepared  by  the  Secretary  of  State,  and  transmitted  to  the  persons 
entitled  to  receive  them,  in  the  same  manner  that  blank  returns  of 
elections  are  now  transmitted. 

12.  EXCEPTIONS.]      This  article  does  not  apply  to  cities,   villages 
and  incorporated  towns  that  have  adopted  an  Act  entitled.  "An  Act 
regulating  the  holding  of  elections  and  declaring  the  result  thereof 
in  cities,  villages  and  incorporated  towns   in  this   State,"   approved 
June  19,  1885. 

ARTICLE  TV. 

COMPENSATION    OF    ELECTION    OFFICERS. 

1.  JUDGES  AND  CLERKS.]     [§  63,  Ch.  46,  R.  S.]    All  judges  and 
clerks  of  election  in  counties  of  the  first  and  second  class  shall  be 
allowed  the  sum  of  three  (3)   dollars  per  day  for  their  services,  and 
judges  and  clerks  of  election  in  counties  of  the  third  class  the  sum 
of  five  (5)  dollars  each  per  day  for  their  services. 

2.  SPECIAL  CONSTABLE.]    [§  44,  Ch.  46,  R.  S.]    Constables  serving 
at  elections,  by  appointment  of  the  county  board  or  of  the  judges  of 
election,  shall  be  paid  out  of  the  county  treasury  not  exceeding  two 
dollars  for  each  day's  services. 

3.  BOARD  OF  REGISTRATION.]     [§  145,  Ch.  46,  R.  S.]     Members  of 
the  board  of  registration  shall  each  receive  two  dollars  per  day  for 


each  day  actually  employed,  not  exceeding  two"  days,  in  the  making 
and  completion  of  the  registry. 

4.  MODE  OF  PAYMENT.]  [§§  75  and  145,  Ch.  46,  R.  S.]  The  county 
clerk,  on  receipt  of  the  returns  of  any  general  or  special  election,  shall 
make  out  his  certificate,  stating  the  compensation  to  which  members  of 
the  board  of  registration  and  judges  and  clerks  of  election  are  entitled 
for  their  services,  and  lay  the  same  before  the  county  board  at  its 
next  session;  and  said  board  shall  order  the  compensation  aforesjaid_ 
to  be  paid  out  of  the  county  treasury. 

ARTICLE  V. 

NOMINATION    OF    CANDIDATES. 

1.  NOMINATION  OF  CANDIDATES.]     [§  290,  Ch.  46,  R.   S.]     Any 
convention  of  delegates  and  any  caucus  or  meeting  of  qualified  voters 
as  hereinafter  defined,  and  individual  voters  to  the  number  and  in 
the  manner  hereinafter  specified,  may  nominate  candidates  for  politi- 
cal office,  whose  names  shall  be  placed  upon  the  ballots  to  be  fur- 
nished as  hereinafter  provided:     Provided,  that  in  any  county,  city, 
village  or  incorporated  town,  respectively,  in  which  an  Act  entitled, 
"An  Act  providing  for  primary  elections  of  delegates  to  nominating 
conventions  of  political  parties  or  organizations,  and  to  promote  the 
purity  thereof  by  regulating  the  conduct  thereof,  and  to  support  the 
privileges   of   free   suffrage   thereat  by   prohibiting   certain   acts   and 
practices  in  relation  thereto,  and  providing  for  the  punishment  there- 
of," shall  be  in  force,  no  candidate  nominated  by  any  convention  of 
any  political  party  or  organization  of  any  such  county,  city,  village 
or  incorporated  town  or  any  part  thereof,  or  for  the  Congress  of  the 
United  States,  shall  have  his  name  printed  on  any  official  ballot  printed 
and  distributed  at  the  public  expense  in  such  county,  city,  village  or 
incorporated  town,  or  any  part  thereof,  unless  such  candidate  shall 
be  nominated  by  a  convention  composed  of  delegates  elected  for  that 
purpose  at  the  primary  election  of  such  political  party  last  preceding 
the  holding  of  such  convention,  according  to  the  Act  entitled,  "An 
Act  providing  for  primary  elections  of  delegates  to  nominating  con- 
ventions of  political  parties  or  organizations  and  to  promote  the  purity 
thereof  by  regulating  the  conduct  thereof,  and  to  support  the  privi- 
leges of  free  suffrage  thereat  by  prohibiting  certain  acts  and  practices 
in  relation  thereto,  and  providing  for  the  punishment  thereof." 

2.  CAUCUS   NOMINATIONS — CERTIFICATE  AND   REQUISITES.]      [§   2QI, 

Ch.  46,  R.  S.]  Any  convention  of  delegates,  caucus  or  meeting  rep- 
resenting a  political  party  which  at  the  general  election  next  preced- 
ing polled  at  least  two  per  cent  of  the  entire  vote  cast  in  the  State,  or 
in  the  electoral  district  or  division  thereof,  or  in  the  municipality 
for  which  the  nomination  is  made,  may  for  the  State,  or  for  the  elec- 
toral district  or  division  thereof,  or  municipality  for  which  the  con- 
vention, caucus  or  meeting  is  held,  as  the  case  may  be,  by  causing  a 
certificate  of  nomination  to  be  duly  filed,  make  one  such  nomination 
for  each  office  therein  to  be  filled  at  the  election.  Every  such  certifi- 
cate of  nomination  shall  state  such  facts  as  are  required  in  section 
4  of  this  article,  and  shall  be  signed  by  the  presiding  officer  and  by 
the  secretary  of  the  convention,  caucus  or  meeting,  who  shall  add  to 


32 

their  signatures  their  places  of  residence.  Such  certificates  shall  be 
sworn  to  by  them  to  be  true  to  the  best  of  their  knowledge  and  belief. 
and  a  certificate  of  the  oath  shall  be  annexed  to  the  certificate  of 
nomination. 

3.  NOMINATIONS  BY  PETITIONS — SIGNATURES.]  [§  292,  Ch.  46,  R. 
S.'J  Nominations  of  candidates  for  any  office  to  be  rilled  by  the  voters 
of  the  State  at  large  may  also  be  made  by  nomination  papers  signed 
in  the  aggregate  for  each  candidate  by  not  less  than  1,000  qualified 
voters  of  the  State.  Nominations  of  candidates  for  office  within  any 
district  or  political  division  less  than  the  State,  and  in  all  cities  hav- 
ing a  poulation  in  excess  of  5,000,  may  be  made  by  nomination  papers 
signed  in  the  aggregate  for  each  candidate  by  qualified  voters  of  such 
district  or  political  division,  not  less  than  one  for  each  fifty  persons 
who  voted  at  the  next  preceding  general  election  in  such  district  or 
division,  but  in  no  case  by  less  than  twenty-five.  In  elections  to  be  held 
in  a  town,  village,  precinct  or  ward,  and  in  all  cities  with  a  population 
not  exceeding  5,000,  the  signatures  of  voters  thereof  equaling  5  per 
cent  of  the  vote  cast  therein  at  the  last  preceding  election  shall  be 
sufficient  for  the  nomination  of  a  candidate  who  is  to  be  voted  for 
only  in  such  town,  village,  precinct,  ward  or  city.  Each  voter  signing 
a  nomination  paper  shall  add  to  his  signature  his  place  of  residence, 
and  each  voter  may  subscribe  to  one  nomination  for  each  office  to  be 
filled,  and  no  more :  Provided,  that  the  name  of  any  candidate  whose 
name  may  appear  in  any  other  place  upon  the  ballot,  shall  not  be 
added  by  petition  for  the  same  office. 

3a.  NOMINATIONS  BY  PETITION — REQUISITES.]  [§  292a,  Ch.  46, 
R.  S.]  All  petitions  for  nomination  of  candidates  for  public  office  in 
this  State  shall,  in  addition  to  other  requirements  provided  by  law,  be 
as  follows :  Such  petitions  shall  consist  of  sheets  of  uniform  size  and 
each  sheet  shall  contain,  above  the  space  for  signatures,  an  appro- 
priate heading,  giving  the  information  as  to  name  of  candidate  or 
candidates,  in  whose  behalf  such  petition  is  signed ;  the  office,  the 
party  or  political  principle,  place  of  residence  and  such  other  informa- 
tion or  wording  as  required  to  make  same  valid,  and  the  heading  of 
each  sheet  shall  be  the  same.  Such  petition  shall  be  signed  by  the 
qualified  voters  in  their  own  proper  persons  only,  and  opposite  the 
signature  of  each  signer  his  residence  address  shall  be  written  (and  if 
a  resident  of  a  city  having  a  population  of  over  10,000  by  the  then 
last  preceding  federal  census,  the  street  and  number  of  such  residence 
shall  be  given).  No  signature  shall  be  valid  or  be  counted  in  consid- 
ering the  validity  or  sufficiency  of  such  petition  unless  the  require- 
ments of  this  section  are  complied  with.  At  the  bottom  of  each  sheet 
of  such  petition  shall  be  added  a  statement,  signed  by  an  adult  resi- 
dent of  the  political  division  for  which  the  candidate  is  nominated. 
stating  his  residence  address  (and  if  a  resident  of  a  city  having  a 
population  of  over  10,000  by  the  then  last  preceding  federal  census, 
also  stating  the  street  and  number  of  such  residence),  certifying  that 
the  signatures  on  that  sheet  of  said  petition  were  signed  in  his  pres- 
ence and  are  genuine ;  and  that  to  the  best  of  his  knowledge  and 
belief  the  persons  so  signing  were  at  the  time  of  signing  said  petition 


33 

qualified  voters  (and  in  cities,  villages  and  incorporated  towns  in 
which  voters  are  or  may  be  required  to  be  registered,  that  they  are 
also  at  the  time  of  signing  said  petition  duly  registered  voters)  of 
the  political  division  for  which  the  candidate  is  nominated,  and  that 
their  respective  residences  are  correctly  stated  therein.  Such  state- 
ment shall  be  sworn  to  before  some  officer  of  the  county  in  which  the 
person  making  such  statement  resides,  authorized  to  administer  oaths 
therein.  Such  sheets,  before  being  filed,  shall  be  neatly  fastened^to- 
gether  in  book  form,  by  placing  the  sheets  in  a  pile  and  fastening 
them  together  at  one  edge  in  a  secure  and  suitable  manner,  and  the 
sheets  shall  then  be  numbered  consecutively.  The  sheets  shall  not 
be  fastened  by  pasting  them  together  end  to  end,  so  as  to  form  a 
continuous  strip  or  roll.  Said  petition,  when  filed,  shall  not  be  with- 
drawn or  added  to,  and  no  signature  shall  be  revoked  except  by  revo- 
cation filed  in  writing  with  the  clerk  with  whom  the  petition  is  r°- 
quired  to  be  filed,  and  before  the  filing  of  such  petition.  Whoever,  in 
making  the  sworn  statement  above  prescribed,  shall  knowingly,  wil- 
fully and  corruptly  swear  falsely,  shall  be  deemed  guilty  of  perjury, 
and  on  conviction  thereof  shall  be  punished  accordingly.  Whoever 
forges  any  name  of  a  signer  upon  any  petition  shall  be  deemed  guilty 
of  forgery,  and  on  conviction  thereof,  shall  be  punished  accordingly. 
The  word  "petition"  or  "petition  for  nomination,"  as  used  herein,  shall 
mean  what  is  sometimes  known  as  nomination  papers,  in  distinction 
to  what  is  known  as  a  certificate  of  nomination.  The  words  "political 
division  for  which  the  candidate  is  nominated/'  or  its  equivalent,  shall 
mean  the  largest  political  division  in  which  all  qualified  voters  may 
vote  upon  such  candidate,  as  the  State  in  the  case  of-  State  officers ; 
the  town  in  the  case  of  town  officers,  et  cetera:  Proinded,  further, 
that  any  person  who  has  already  voted  at  a  primary  election  held  to 
nominate  a  candidate  or  candidates  for  any  office  or  offices,  to  be 
voted  upon  at  any  certain  election,  shall  not  be  qualified  to  sign  a  peti- 
tion of  nomination  for  a  candidate  or  candidates  for  the  same  office 
or  offices,  to  be  voted  upon  at  the  same  certain  election. 

4.  NOMINATION  PAPERS — REQUISITES.]    [§  293,  Ch.  46,  R.  S.]    All 
certificates   of   nomination   or   nomination  papers   shall,   besides   con- 
taining the  names  of  the  candidates,  specify  as  to  each : 

1.  The  office  to  which  he  is  nominated. 

2.  The  party  or  political  principle  which  he  represents,  expressed 
in  not  more  than  five  words. 

3.  His  place  of  residence,  with  the  street  and  number  thereof,  if 
any.     In  the  case  of  electors  for  President  and  Vice  President  of  the 
United   States,  the  names  of  the  candidates  for  President  and  Vice 
President  may  be  added  to  the  party  or  political  appellation. 

5.  CERTIFICATES  TO  BE  FILED.]     [§  294,  Ch.  46,  R.   S.]     Certifi- 
cates  of  nomination   and   nomination   papers   for   the   nomination   of 
candidates  for  offices  to  be  filled  by  the  electors  of  the  entire  State, 
or  any  division  or  district  greater  than  a  county,  shall  be  filed  with 
the  Secretary  of  State  at  least  thirty  days  previous  to  the  day  of  elec- 
tion  for  which  the  candidates  are  nominated.     All  other  certificates 

-3  E 


34 

for  the  nomination  of  candidates  shall  be  filed  with  the  county  clerk 
of  the  respective  counties  at  least  thirty  days  previous  to  the  day  of 
such  election:  Provided,  that  certificates  of  nomination  and  nomi- 
nation papers  for  the  nomination  of  candidates  for  the  offices  in  cities, 
villages  and  incorporated  towns,  and  for  town  offices  in  counties  under 
township  organization  shall  be  filed  with  the  clerks  of  the  towns,  cities, 
villages  and  incorporated  towns  at  least  fifteen  days  previous  to  the 
day  of  such  election :  Provided,  that  in  cities  having  a  population  of 
500,000  or  more  that  certificates  of  nomination  and  nomination  papers 
for  the  nomination  of  candidates  for  the  offices  in  such  cities  shall 
be  filed  with  the  city  clerk  of  such  cities  at  least  twenty-five  days  pre- 
vious to  the  day  of  such  election. 

6.  WITHDRAWAL  OF  NOMINATIONS.]    [§  295,  Ch.  46,  R.  S.]    Any 
person  whose  name  has  been  presented  as  a  candidate  or  who  has 
been  nominated  by  more  than  one  convention,  caucus  or  meeting  of 
qualified  voters,  may  cause  his  name  to  be  withdrawn  from  any  such 
nomination  by  his  request  in  writing,  signed  by  him  and  duly  acknowl- 
edged before  an  officer  qualified  to  take  acknowledgment  of  deeds, 
and  file  with  the  Secretary  of  State  not  less  than  twenty-five   (25) 
days,  or  with  the  proper  clerk  not  less  than  thirteen  (13)  days  previous 
to  the  day  of  election,  and  no  name  so  withdrawn  shall  be  printed  upon 
the  ballots  under  the  party  appellation  or  title  from  which  the  candi- 
date has  withdrawn  his  name.     In  case  the  certificate  of  nomination 
or  petition  as  provided  for  in  this  Act  shall  contain  or  exhibit  the 
name  of  any  candidate  for  any  office  upon  more  than  one  of  said 
certificates  or  petitions   (for  the  same  office),  then,  and  in  that  case 
the  Secretary  of  State  or  county  clerk,  as  the  case  may  be,  shall  imme- 
diately notify  said  candidate  of  said  fact,  and  that  his  name  appears 
unlawfully  upon  more  than  one  of  .said  certificates  or  petitions,  and 
that  within  three  (3)  days  from  the  receipt  of  said  notification,  said 
candidate  must  elect  as  to  which  of  said  political  party  appellations 
or  groups  he  desires  his  name  to  appear  and  remain  under  upon  said 
ballot,  and  if  said  candidate  refuses,  fails  or  neglects  to  comply  with 
the  provisions  herein,  then,  and  in  that  case,  the  Secretary  of  State 
or  county  clerk,  as  the  case  may  be,  shall  not  permit  the  name  of  said 
candidate  to  appear,  or  be  printed  -or  placed  upon  said  ballot  under 
any  or  either  of  said  political  party  appellations  or  groups.     All  cer- 
tificates of  nomination  and  nomination  papers,  when  filed,  shall  be 
open  and,  under  proper  regulation,  to  public  inspection,  and  the  Secre- 
tary of  State  and  the  several  clerks  having  charge  of  nomination 
papers  shall  preserve  the  same  in  their  respective  offices  not  less  than 
six  months. 

7.  DEATH  OR  DECLINATION  OF  CANDIDATE — VACANCY.]   [§  296,  Ch. 
46,  R.  S.]    In  case  a  candidate  who  has  been  duly  nominated  under 
the  provisions  of  this  article  die  before  election  day,  or  decline  the 
nomination,  as  in  this  article  provided,  or  should  any  certificate  of 
nomination   be   held   insufficient   or.  inoperative   by   the    officer   with 
whom  they  may  be  filed,  the  vacancy  or  vacancies  thus  occasioned 
may  be  filled  by  the  political  party,   or  other  persons   making  the 
original  nominations,  or,  if  the  time  is  insufficient  therefor,  then  the 


35 

vacancy  may  be  filled,  if  the  nomination  was  by  convention  or  cau- 
cus in  such  manner  as  the  convention  or  caucus  had  previously  pro- 
vided, or,  in  case  of  no  such  previous  provision,  then  by  regularly 
elected  general  or  executive  committee  representing  the  political 
party  or  persons  holding  such  convention,  meeting  or  caucus.  The 
certificate  of  nomination  made  to  supply  such  vacancy  shall  state,  in 
addition  to  the  other  facts  required  by  section  four  of  this  article,  the 
name  of  the  original  nominee,  the  date  of  his  death  or  declination  -ef 
nomination,  or  the  fact  that  the  former  nomination  has  been  held  in-, 
sufficient  or  inoperative,  and  the  measures  taken  in  accordance  with 
the  above  requirements  for  filling  a  vacancy,  and  it  shall  be  signed 
and  sworn  to  by  the  presiding  officer  and  secretary  of  the  convention, 
or  caucus,  or  by  the  chairman  and  secretary  of  the  duly  authorized 
committee,  as  the  case  may  be. 

8.  CERTIFICATES  OF  NOMINATION — OBJECTIONS.]  [§  297,  Ch.  46, 
R.  S.]  The  certificates  of  nomination  and  nomination  papers  being 
so  filed  and  being  in  apparent  conformity  with  the  provisions  of 
this  article  shall  be  deemed  to  be  valid,  unless  objection  thereto  is 
duly  made  in  writing.  Such  objections  or  other  questions  arising 
in  relation  thereto,  in  the  case  of  nomination  of  State  officers,  shall 
be  considered  by  the  Secretary  of  the  State  and  the  Auditor  and 
Attorney  General,  and  a  decision  of  a  majority  of  these  officers 
shall  be  final.  '  Such  objections  or  questions  arising  in  the  case  of 
nominations  for  officers  to  be  elected  by  the  voters  of  a  division  less 
than  the  State  and  greater  than  the  county,  shall  be  considered  by  the 
county  judges  of  the  counties  embraced 'in  such  division,  and  the  de- 
cision of  a  majority  of  these  officers  shall  be  final.  Such  objections 
or  questions  arising  in  the  case  of  nominations  of  candidates  for 
county  officers  shall  be  considered  by  the  county  judge,  county  clerk, 
and  State's  attorney  for  each  county,  and  the  decision  of  a  majority 
of  said  officers  shall  be  final.  Objections  or  questions  arising  in  the 
case  of  nominations  of  city,  town  or  village  officers  shall  be  con- 
sidered by  the  mayor  or  president  of  the  board  of  trustees,  and  the 
city,  town  or  village  clerk,  with  whom  one  alderman  or  trustee  there- 
of, as  the  case  may  be,  chosen  by  lot,  shall  act,  and  the  decision  of  a 
majority  of  such  officers  shall  be  final.  Such  objections  arising  in 
the  case  of  nominations  of  town  officers  shall  be  considered  by  the 
board  of  auditors  of  such  town,  and  the  decision  of  a  majority  of 
such  auditors  shall  be  final.  In  any  case,  where  such  objection  is 
made,  notice  shall  forthwith  be  given  to  the  candidates  affected  there- 
by, addressed  to  their  places  of  residence  as  given  in  the  nomination 
papers,  and  stating  the  time  and  place,  when  and  where  such  objec- 
tions will  be  considered:  Provided,  that  in  cities,  towns  or  villages 
having  a  board  of  election  commissioners,  such  questions  shall  be 
considered  by  such  board,  and  its  decision  shall  be  final. 

Q.  NOMINATIONS  TO  FILL  VACANCIES.  [§  298,  Ch.  46,  R.  S.] 
When  such  certificate  is  filed  with  the  Secretary  of  State,  he  shall, 
in  certifying  nominations  to  the  various  county  clerks,  insert  the 
name  of  the  person  who  has  been  thus  nominated  to  fill  vacancy  in 
place  of  the  original  nominee,  and  in  the  event  that  he  has  already 


36 

sent  forward  his  certificate,  he  shall  forthwith  certify  to  the  clerks  of 
the  proper  counties  the  name  and  description  of  the  person  so  nomi- 
nated to  fill  a  vacancy,  the  office  he  is  nominated  for,  with  trie  other 
details  mentioned  in  certificates  of  nomination  filed  with  the  Secre- 
tary of  State,  and  in  cases  where  such  clerk  is  not  charged  by  this 
Act,  with  the  printing  of  ballots,  he  shall  immediately  certify  the 
name  so  supplied  to  the  authorities  charged  with  the  printing  of  the 
ballots.  The  names  so  supplied  for  the  vacancy  shall,  if  the  ballots 
are  not  already  printed,  be  placed  on  the  ballots  in  place  of  the  name 
of  the  original  nominee,  or  if  the  ballots  have  been  printed,  new  bal- 
lots, whenever  practicable,  shall  be  furnished. 

10.  PASTERS — STAMPING  ON   BALLOTS.]      [§  299,   Ch.   46,  R.   S.] 
Whenever  it  may  not  be  practicable  to  have  new  ballots  printed,  it 
shall  be  the  duty  of  the  election  officer  having  charge  of  the  ballots, 
to  place  the  name  supplied  for  the  vacancy  upon  each  ballot  issued 
before  delivering  it  to  the  voter;  the  name  so  supplied  may  be  placed 
upon  the  ballots  either  by  affixing  a  paster  or  by  writing  or  stamping 
the  name  on  the  ballot;  and  to  enable  this  to  be  done  the  officer  with 
whom  the  certificates  of  nomination    are  to  be  filed  shall  immediately 
furnish  the  name  of  such  substituted  nominee  to  all  judges  of  elec- 
tion within  the  territory  in  which  such  nominee  may  be  a  candidate. 

11.  NOTICE  TO  COUNTY  CLERK.]     [§  300,  Ch.  46,  R.  S.]  Not  less 
than  fifteen  days  before  an  election  to  fill  any  public  office,  the  Sec- 
retary of  State  shall  certify  to  the  county  clerk  of  each  county  within 
which  any  of  the  electors  may  by  law  vote  for  candidates  for  such 
office,  the  name  and  description  of  each  person  nominated  for  such 
office,  as  specified  in  the  certificates  of  nomination  filed  with  the  Sec- 
retary of  State. 

ARTICLE  VI. 

NOTICE  OF  ELECTION. 

i.  MANNER  OF  GIVING  NOTICE.]  [§§  46  and  321,  Ch.  46,  R.  S.]  At 
least  thirty  days  previous  to  any  general  election,  and  at  least  twenty 
days  previous  to  any  special  election,  except  in  cases  otherwise  pro- 
vided for,  the  county  clerk,  in  counties  not  under  township  organiza- 
tion, shall  make  out  and  deliver  to  the  sheriff  of  his  county,  or  in 
counties  under  township  organization  to  the  several  supervisors  of 
his  county  three  notices  thereof  for  each  precinct  or  district  in  which 
the  election  in  such  county  is  to  be  held.  The  notice  may  be  sub- 
stantially as  follows: 

Notice  is  hereby  given  that  on  (give  the  date)  at  (give  the  place 
of  holding  the  election  and  the  name  of  the  precinct  or  district),  in 
the  county  of  (name  of  county),  an  election  will  be  held  for  (give  the 
title  of  the  several  offices  to  be  filled,  which  election  will  be  opened 
at  7  :oo  o'clock  in  the  morning  and  continued  open  until  5  :oo  o'clock  in 
the  afternoon  of  that  day. 

Dated  at ,  this day  01 in  the  year 

of  our  Lord  one  thousand  eight  hundred  and 

A.  B.,  County  Clerk. 


37 

2.  SHERIFF  OR  SUPERVISOR  TO  POST.]  [§  47,  Ch.  46,  R.  S.]  The 
said  sheriff  or  supervisor,  to  whom  the  notices  are  delivered,  shall 
post  up,  in  three  of  the  most  public  places  in  each  precinct  or  dis- 
trict, the  three  notices  therefor,  at  least  fifteen  days  before  the  time 
of  holding  a  general  election,  and  at  least  eight  days  before  the  time 
of  holding  a  special  election. 

ARTICLE  VII. 
'BALLOTS  AND  INSTRUCTIONS. 

1.  BALLOTS  PRINTED  AT  PUBLIC  EXPENSE.]     [§  288,  Ch.  46,  R.  S.] 
In  all  elections  hereafter  to  be  held  in  this  State  for  public  officers, 
except  for  trustees  of  schools,  school  directors,  members  of  boards  of 
education,  officers  of  road  districts  in  counties  not  under  township 
organization,  the  voting  shall  be  by  ballots  printed  and  distributed 
at  public  expense,  as  hereinafter  provided,  and  no  other  ballots  shall  be 
used. 

2.  EXPENSE  BORNE  BY  CITIES,  ETC.]     [§  289,  Ch.  46,  R.  S.]     The 
printing  and  delivery  of  the  ballots  and  cards  of  instructions  to  voters, 
hereinafter  described,  shall,  in  municipal  elections  in  cities,  villages 
and  incorporated  towns,  be  paid  for  by  the  several  cities,  villages  and 
incorporated  towns  respectively,  and  in  town  elections  by  the  town, 
and  in  all  other  elections  the  printing  of  the  ballots  and  cards  of  in- 
structions for  the  voters  in  each  county  and  the  delivery  of  them  to 
the  several  voting  precincts  and  election  districts  shall  be  paid   for 
by  the  several  counties  respectively.  The  term  "general  election/'  as 
used  in  this  Act,  shall  apply  to  any  election  held  for  the  choice  of  a 
National,  State,  judicial,  district  or  county  officer,  whether  for  the 
full  term  or  for  the  filling  of  a  vacancy.     The  term  "city  election" 
shall  apply  to  any  municipal  election  held  in  a  city,  village  or  incor- 
porated town. 

3.  BALLOT — WHAT  TO  CONTAIN — HOW  PRINTED — FORM.]      [§  301, 
Ch.  46,  R.  S.]    The  names  of  all  candidates  to  be  voted  for  in  each  elec- 
tion district  or  precinct  shall  be  printed  on  one  ballot,  all  nominations 
of  any  political  party  or  group  of  petitioners  being  placed  under  the 
party  appellation  or  title  of  such  party  or  group  as  designated  by 
them  in  their  certificates  of  nomination  or  petitions,  or  if  none  be 
designated,  then  under  some  suitable  title,  and  the  ballots  shall  con- 
tain no  other  names,  except  that  in  case  of  electors  for  President  and 
Vice  President  of  the  United  States  the  names  of  the  candidates  for 
President  and  Vice  President  may  be  added  to  the  party  or  political 
designation.  If  a  constitutional  amendment  or  other  public  measure 
is  submitted  to  a  vote,  such  question  shall  be  printed  upon  the  ballot 
after  the  list  of  candidates,*  and  words  calculated  to  aid  the  voter  in 
his  choice  of  candidates,  or  to  answer  any  question  submitted  to  vote, 
may  be  added,  such  as :  "Vote  for  one/'  "vote  for  three,"  "yes,"  no," 
or  the  like.    On  the  back  or  outside  of  the  ballot  so  as  to  appear  when 
folded,  shall  be  printed  the  words  "Official  ballot,"  followed  by  the 

*  See  section  5,  article  VII,  for  provisions  relating  to  separate  ballots. 


38 

designation  of  the  polling  place  for  which  the  ballot  is  prepared,  the 
date  of  the  election  and  a  fac-simile  of  the  signature  of  the  clerk  or 
other  officer  who  has  caused  the  ballots  to  be  printed.  The  ballots 
shall  be  of  plain  white  paper,  through  which  the  printing  or  writing 
cannot  be  read.  The  party  appellation  or  title  shall  be  printed  in 
capital  letters  not  less  than  one-fourth  of  an  inch  in  height,  and  a 
circle  one-half  inch  in  diameter  shall  be  printed  at  the  beginning  of 
the  line  in  which  such  appellation  or  title  is  printed.  The  names  of 
candidates  shall  be  printed  in  capital  letters  not  less  than  one-eighth 
nor  more  than  one-fourth  of  an  inch  in  height,  and  at  the  beginning 
of  each  line  in  which  the  name  of  a  candidate  is  printed  a  square 
shall  be  printed,  the  sides  of  which  shall  not  be  less  than  one-fourth 
of  an  inch  in  length.  The  list  of  candidates  of  the  several  parlies 
and  groups  of  petitioners  shall  be  placed  in  separate  columns  on  the 
ballot  in  such  order  as  the  uthorities  charged  with  the  printing  of 
the  ballots  shall  decide. 

As  nearly  as  practicable  the  ballot  shall  be  in  the  following  form : 


o 


DEMOCRATIC. 

For  Governor. 
JOHN  M.  PALMER. 

For  Lieutenant  Governor, 
ANDREW  J.  BELL. 

For  Secretary  of  State, 
NEWELL  D.  RICKS. 


o 

D 


REPUBLICAN. 

For  Governor, 
JOSEPH  W.  FIFER. 


For  Lieutenant  Governor, 
LYMAN  B.  RAY. 

For  Secretary  of  State, 
I.  N.  PEARSON. 


O 


PROHIBITION. 

For  Governor, 
DAVID  H.  HARTS. 

For  Lieutenant  Governor, 
I  JOS.  L.  WHITLOCK. 


B 


For  Secretary  of  State, 
JAMES  R.  HANNA. 


[And  continuing  in  like  manner  as  to  all  candidates  to  be  voted  for 
at  such  election.] 

4.  PRINTING  OF  BALLOTS — BY  WHAT  OFFICERS.]  [§  302,  Ch.  46, 
R.  S.]  For  all  elections  to  which  this  Act  applies,  the  county  clerks, 
in  their  respective  counties,  shall  have  charge  of  the  printing  of  the 
ballots  for  all  general  elections,  and  shall  furnish  them  to  the  judges 
of  election;  the  city,  town  or  village  clerk  shall  have  charge  thereof 
and  furnish  them  in  all  city  elections;  and  the  town  clerk  in  counties 
under  township  organization  shall  have  charge  thereof  and  furnish 
the  same  in  all  town  elections  to  which  this  Act  applies:  Provided, 
that  in  cities,  towns  or  villages  having  a  board  of  election  commis- 
sioners, such  board  shall  have  charge  of  the  printing  of  the  ballots  and 
furnish  them  to  the  judges  of  election  within  the  territory  under  their 
jurisdiction.  Ballots  shall  be  printed  and  in  possession  of  the  officer 
charged  with  their  distribution  at  least  two  days  before  the  election, 
and  subject  to  the  inspection  of  candidates  and  their  agents;  if  any 
mistakes  be  discovered,  they  shall  be  corrected  without  delay.  The 
officer  so  charged  with  the  printing  of  the  ballots  shall  cause  to  be 


39 

delivered  to  the  judges  of  election  at  the  polling  place  of  each  pre- 
cinct or  district,  not  less  than  twelve  hours  before  the  time  fixed  by 
law  for  the  opening  of  the  polls  therein,  one  hundred  ballots  of  the 
kind  to  be  voted  in  such  precinct  or  district  for  every  fifty  votes  cast 
therein  at  the  last  preceding  election  for  State  officers;  such  ballots 
shall  be  put  up  in  separate  sealed  packages,  with  marks  on  the  outside 
clearly  designating  the  polling  place  for  which  they  are  intended  and 
the  number  of  ballots  enclosed,  and  receipt  therefor  shall  be  given_by^ 
the  judges  of  election  to  whom  they  are  delivered,  which  receipt  shall 
be  preserved  by  the  officer  charged  with  the  printing  of  the  ballots. 
The  officer  or  authorities  charged  with  the  printing  and  distribution 
of  the  ballots  shall  provide  and  retain  at  his  or  their  office  an  ample 
supply  of  ballots  in  addition  to  those  distributed  to  the  several  voting 
precincts  or  districts,  and  if,  at  any  time,  on  or  before  the  day  of  elec- 
tion the  ballots  furnished  to  any  precinct  or  district  shall  be  lost,  de- 
stroyed or  exhausted  before  the  polls  are  closed,  on  written  applica- 
tion by  a  majority  of  the  judges  of  such  precinct  or  district,  or  signed 
and  sworn  to  by  one  of  such  judges,  he  shall  immediately  cause  to  be 
delivered  to  such  judges,  at  the  polling  place,  such  additional  supply  of 
ballots  as  may  be  required  and  sufficient  to  comply  with  the  provisions 
of  this  Act. 

5.      VOTE   ON    CONSTITUTIONAL     AMENDMENTS SEPARATE     BALLOT — 

FORM.*]  [§  303,  Ch.  46,  R.  S.]  Whenever  a  constitutional  amend- 
ment or  other  public  measure  is  proposed  to  be  voted  upon  by  the 
people,  the  substance  of  such  amendment  or  other  public  measure 
shall  be  clearly  indicated  on  a  separate  ballot,  and  two  spaces  shall 
be  left  upon  the  right  hand  margin  thereof,  one  for  the  votes  favoring 
the  amendment  or  public  measure,  to  be  designated  by  the  word  "Yes/' 
and  one  for  votes  for  opposing  the  amendment  or  measure,  to  be  desig- 
nated by  the  word  "No,"  as  in  the  form  herein  given : 


Proposed  amendment  to  the  Constitution  (or  other 
measure)  

YES. 

X 

Here  print  the  substance  of  the  amendment  (or 
other  measure)  .  .  

NO. 

The  elector  shall  designate  his  vote  by  a  cross  mark,  thus:  (X). 
The  said  separate  ballot  shall  be  printed  on  paper  of  sufficient  size 
so  that  when  folded  once  it  shall  be  large  enough  to  contain  the  fol- 
lowing words,  which  shall  be  printed  on  the  back:  "Ballot  for  Con- 
stitutional amendment,"  or  the  name  of  any  and  all  public  measures 
then  to  be  voted  upon.  This  ballot  shall  be  handed  to  the  elector  at 
the  same  time  as  the  ballot  containing  the  names  of  the  candidates 
and  returned  therewith  by  the  elector  to  the  proper  officer  in  the 
manner  described  by  this  Act.  All  provisions  of  this  Act  relating  to 
ballots  shall  apply  to  this  separate  ballot.* 


*  For  further  provisions  see  articles  XVIII  and  XIX. 


40 

6.  CUMULATIVE  VOTING.]  [§  304,  Ch.  46,  R.  S.]  No  number  of 
votes  shall  be  printed  on  any  ballot  after  the  name  of  any  candidate 
for  representative  in  the  General  Assembly.  In  canvassing  the  vote 
for  representatives  in  the  General  Assembly,  the  ballots  shall  be 
counted  in  the  following  manner : 

First.  Where  the  names  of  three  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus,  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  vote 
for  each  of  said  candidates. 

Second.  Where  the  names  of  two  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus,  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title,  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  and 
one-half  votes  for  each  of  said  candidates. 

Third.  Where  the  name  of  but  one  candidate  for  representative  in 
the  General  Assembly  is  printed  under  one  party  appellation  or  title 
and  a  cross,  thus,  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  three 
votes  for  said  candidate. 

Fourth.  Whether  a  cross,  thus,  X,  is  placed  at  the  appropriate 
place  preceding  any  party  appellation  or  title,  or  not,  whenever  a  cross 
is  placed  in  the  square  preceding  the  name  of  any  one  candidate  for 
representative  in  the  General  Assembly  and  the  ballot  is  not  otherwise 
marked,  the  ballot  shall  be  counted  three  votes  for  such  candidate; 
where  a  cross  is  placed  in  the  squares  preceding  the  names  of  any  two 
candidates  for  representatives  in  the  General  Assembly  and  the  ballot 
is  not  otherwise  marked,  the  ballot  shall  be  counted  one  and  one-half 
votes  for  each  of  said  two  candidates ;  where  a  cross  is  placed  in  the 
squares  preceding  the  names  of  any  three  candidates  for  representa- 
tives in  the  General  Assembly  and  the  ballot  is  not  otherwise  marked, 
the  ballot  shall  be  counted  one  vote  for  each  of  said  three  candidates. 

Fifth.  Where  the  voter  has  indicated  his  intention  by  lawful  mark- 
ing of  his  ballot  to  divide  his  votes  among  the  candidates  in  any  man- 
ner other  than  as  specified  in  the  foregoing  sections,  it  shall  be 
counted  for  such  candidates  according  to  the  intention  of  the  voter  as 
disclosed  by  the  marking  of  the  ballot. 

Sixth.  If  the  ballot  has  been  so  marked  as  to  indicate  an  intention 
to  cast  more  than  three  votes  for  representatives  in  the  General  As- 
sembly, such  ballot  shall  not  be  counted  for  any  of  such  candidates. 

7.  PRINTED  INSTRUCTIONS  FOR  VOTERS.]  [§  305,  Ch.  46,  R.  S.] 
The  officer  or  officers  whose  duty  it  is  to  have  the  ballots  printed, 
shall  prepare  full  instructions  for  the  guidance  of  voters  at  each  elec- 
tion as  to  obtaining  ballots,  as  to  the  manner  of  marking  them  and 
the  method  of  gaining  assistance,  and  as  to  obtaining  new  ballots  in 
place  of  those  accidentally  spoiled,  and  they  shall  respectively  cause 
the  same,  together  with  copies  of  section  4  of  article  VII,  section  n 


41 

of  article  IX,  sections  6,  7  and  8  of  article  X,  and  sections  15  and  16 
of  article  XIII,  to  be  printed  in  large,  clear  type,  on  separate  cards, 
to  be  called  cards  of  instruction ;  and  such  officer  or  officers  shall  fur- 
nish to  the  judges  of  election  a  sufficient  number  of  such  cards  of 
instruction  to  enable  the  judges  of  election  to  comply  with  the  pro- 
visions of  this  article. 

8.  INSTRUCTION   CARDS  AND  SPECIMEN  BALLOTS  TO  BE  POSTED.*] 
[§  306,  Ch.  46,  R.  S.]    The  judges  of  election  shall  cause  not  less 
than  one  of  such  cards  to  be  posted  in  each  voting  booth  provided 
for  the  preparation  of  ballots,  and  not  less  than  four  of  such  cards  to 
be  posted  in  and  about  the  polling  places  upon  the  day  of  election. 
Judges  of  election  shall,  not  less  than  five  days  prior  to  an  election, 
cause  to  be  conspicuously  posted  in  five  or  more  public  places  in  their 
voting  precinct  or  election  district  a  card  of  instruction,  and  a  specimen 
ballot  printed  on  colored  paper  containing  the  names,  residence  and 
party  or  political  affiliation  of  all  candidates  nominated  as  herein  pro- 
vided and  to  be  voted  for  in  such  precinct,  substantially  in  the  form 
of  the  general  ballot  to  be  used  herein.     The  officer  or  officers  whose 
duty  it  is  to  cause  the  printing  and  distribution  of  ballots  shall  have 
printed  a  sufficient  number  of  specimen  ballots  and  deliver  the  same 
to  the  judges  of  election  so  as  to  enable  said  judges  to  comply  with 
the  provisions  of  this  Act.     In  every  county  of  not  more  than  one 
hundred    and    fifty    thousand    (150,000)    inhabitants   the   officers    or 
authorities  charged  with  the  printing  and  distribution  of  the  ballots 
shall  cause  to  be  published,  prior  to  the  day  of  election,  in  af  least  two 
newspapers,  if  there  be  so  many  published  in  such  county,  representing 
the  political  parties  which  cast  at  the  preceding  election  the  largest 
and  next  largest  number  of  votes,  a  list  of  all  the  nominations  made 
as  herein  provided  and  to  be  voted  for  at  such  elections  as  near  as  may 
be  in  the  form  in  which  they  shall  appear  upon  the  general  ballot.* 

9.  JUDGES  HAVE  CHARGE  OF  BALLOTS.]     [§  307,  Ch.  46,  R.  S.] 
The  judges  of  election  of  their  respective  election  precincts  or  elec- 
tion districts  shall  have  charge  of  the  ballots  and  furnish  them  to  the 
voter  as  hereinafter  set  forth. 

ARTICLE  VHII. 

BALLOT  BOXES,  BOOTHS  AND  POLL  BOOKS. 

1.  BALLOT  BOXES.]    [§  40,  Ch.  46,  R.  S.]    The  county  board  shall 
provide  a  sufficient  number  of  ballot  boxes,  with  secure  locks  and 
keys,  at  the  expense  of  the  county,  for  the  several  precincts  and  dis- 
tricts.    There  shall  be  an  opening  in  the  lid  of  each  box  not  larger 
than  is  sufficient  to  admit  a  single  closed  ballot  to  be  inserted  therein 
at   one   time,    through    which    each   ballot   voted    shall   be   put   into 
the  box. 

2.  JUDGES  TO  KEEP  BALLOT  BOXES,  ETC.]     [§  41,  Ch.  46,  R.  S.] 
The  ballot  boxes  shall  be  delivered  to  and  kept  by  the  judges  of  elec- 
tion, and  by  them  kept  and  delivered  to  their  successors. 


For  further  provisions  see  Articles  XVIII  and  XIX, 


42 

3.  BLANKS,  POLL  BOOKS,  ETC.]    [§  42,  Ch.  46,  R.  S.]    The  county 
clerk  shall  provide,  at  the  expense  of  the  county,  proper  blanks,  poll 
books  and  other  necessary  election  blanks  for  each  precinct  and  dis- 
trict in  his  county,  and  cause  a  suitable  number  thereof  to  be  deliv- 
ered to  the  judges  of  election,  at  least  ten  days  before  any  election 
is  to  be  held. 

4.  BOOTHS    AT    POLLING    PLACES STATIONERY,     ETC. BOOTHS     PRI- 
VATE.]   [§  308,  Ch.  46,  R.  S.]    All  officers  upon  whom  is  imposed  by 
law  the  duty  of  designating  or  providing  polling  places   shall  pro- 
vide in  each  polling  place  so  designated  or  provided  a  sufficient  num- 
ber of  booths,  which  shall  be  provided  with  such  supplies  and  con- 
veniences, including  shelves,  pens,  penholders,  ink,  blotters  and  pen- 
cils, as  will  enable  the  voter  to  prepare  his  ballot  for  voting,  and 
in  which  voters  may  prepare  their  ballots  screened  from  all  observa- 
tion as  to  the  manner  in  which  they  do  so;  and  the  guard-rail  shall 
be  so  constructed  and  placed  that  only  such  persons  as  are  inside 
said  rail  can  approach  within  six  feet  of  the  ballot  box  and  of  such 
voting  booths.    The  arrangement  shall  be  such  that  the  voting  booths 
can  only  be  reached  by  passing  within  said  guard-rail.     They  shall  be 
within  plain  view  of  the  election   officers;   and   both   they   and   the 
ballot  boxes  shall  be  within  plain  view  of  those  outside  of  the  guard- 
rail.   Each  of  said  booths  shall  have  three  sides  enclosed,  one  side,  in 
front,  to  be  closed  with  a  curtain.     Each  side  of  each  booth  shall  be 
six  feet  four  inches  high,  and  the  curtain  shall  extend  within  two 
feet  of  the  floor,  which  shall  be  closed  while  the  voter  is  preparing 
his  ballot.    Each  booth  shall  be  at  least  32  inches  square,  and  shall  con- 
tain a  shelf  at  least  one  foot  wide,  at  a  convenient  height  for  writing. 
No  person  other  than  the  election  officers  and  the  challengers  allowed 
by  law,  and  those  admitted  for  the  purpose  of  voting,  as  hereinafter 
provided,  shall  be  permitted  within  the  guard-rail,  except  by  authority 
of  the  election  officers  to  keep  order  and  enforce  the  law.    The  num- 
ber of  such  voting  booths  shall  not  be  less  than  one  to  every  75  voters 
or  fraction  thereof  who  voted  at  the  last  preceding  election  in  the 
district.     The  expense  of  providing  booths  and  guard-rails  and  other 
things  required  in  this  Act  shall  be  paid  in  the  same  manner  as  other 
election  expenses. 

ARTICLE  IX. 

QUALIFICATION   OF  VOTERS. 

i.  WHO  MAY  VOTE-]  [§  65,  Ch.  46,  R.  S.]  Every  person  having 
resided  in  this  State  one  year,  in  the  county  90  days,  and  in  the  elec- 
tion district  30  days  next  preceding  any  election  therein,  who  was  an 
elector  in  this  State  on  the  first  day  of  April,  in  the  year  of  our  Lord 
1848,  or  obtained  a  certificate  of  naturalization  before  any  court  of 
record  in  this  State  prior  to  the  first  day  of  January,  in  the  year  of 
our  Lord  1870,  or  who  shall  be  a  male  citizen  of  the  United  States, 
above  the  age  of  21  years,  shall  be  entitled  to  vote  at  such  election. 


43- 

2.  RESIDENCE.]    [§  66,  Ch.  46,  R.  S.]    A  permanent  abode  is  nec- 
essary to  constitute  a  residence  within  the  meaning  of  the  preceding 
section. 

3.  WHEN  INMATES  OF  POOR  HOUSES,  ASYLUMS,  ETC.,  MAY  VOTE.] 
[§  66a,  Ch.  46,  R.  S.]     No  pauper  or  inmate  of  any  county  poor 
house,  insane  asylum  or  hospital  in  this  State,  shall  by  virtue  of  his 
abode  at  such  county  poor  house,  insane  asylum  or  hospital  be  deemed 
a  resident  or  legal  voter  in  the  town,  city,  village  or  election  district 
or  precinct  in  which  such  poor  house,  insane  asylum  or  hospital  may 
be  situated;  but  every  such  person  shall  be  deemed  a  resident  of  the 
town,  city,  village,  election  district  or  precinct  in  which  he  resided 
next  prior  to  becoming  an  inmate  of  such  county  poor  house,  insane 
asylum  or  hospital. 

4.  INMATES  OF  SOLDIERS'  AND  SAILORS'  HOME.]     [§  66b,  Ch.  46, 
R.  S.]    Every  honorably  discharged  soldier  or  sailor  who  shall  have 
been  an  inmate  of  any  Soldiers'  or  Sailors'  Home  within  the  State  of 
Illinois  for  90  days  or  longer,  and  who  shall  have  been  a  citizen  of 
the  United  States  and  resided  in  this  State  one  year,  in  the  county 
where  any  such  home  is  located  90  days,  and  in  the  election  district 
30  days  next  preceding  any  election,  shall  be  entitled  to  vote  in  the 
election  district  in  which  any  such  Soldiers'  and  Sailors'  Home  in 
which  he  is  an  inmate  thereof  as  aforesaid  is  located,  for  all  officers 
that  now  are  or  hereafter  may  be  elected  by  the  people,  and  upon  all 
questions  that  may  be  submitted  to  the  vote  of  the  people:    Provide^, 
that  he  shall  declare  upon  oath,  if  required  so  to  do  by  any  officer  of 
election  in  said  district,  that  it  was  his  bona  fide  intention  at  the 
time  he  entered  said  home  to  become  a  resident  thereof. 

5.  AFFIDAVIT  OF  QUALIFICATION.]    [§  67,  Ch.  46,  R.  S.]   Whenever, 
at  any  general  or  special  election,  in  any  precinct,  district,  city,  village, 
town  or  ward,  any  person  offering  to  vote  is  not  personally  known 
to  the  judges  of  election  to  have  the  qualifications  mentioned  in  sec- 
tions i  and  2  of  this  article,  if  his  vote  is  challenged  by  a  legal  voter 
at  such  election,  he  shall  make  and  subcribe  an  affidavit  in  the  follow- 
ing form,  which  shall  be  retained  by  the  judges  of  election  and  re- 
turned by  them  with  the  poll  book : 

STATE  O'F  ILLINOIS,    ) 
COUNTY  OF  COOK,  (  ss* 

I do  solemnly  swear  (or  affirm)  that  I  am  a  citizen 

of  the  United  States  (or  "that  I  was  an  elector  on  the  first  day  of 
April,  A.  D.  1848,"  or  "that  I  obtained  a  certificate  of  naturalization 
before  a  court  of  record  in  this  State  prior  to  the  first  day  of  Janu-, 
ary,  A.  D.  1870,"  as  the  case  may  be)  ;  that  I  have  resided  in  this 
State  one  year,  in  this  county  90  days  and  in  this  election  district  30 
days  next  preceding  this  election ;  that  I  now  reside  at  (here  give  the 
particular  house  or  place  of  residence,  and,  if  in  a  town  or  city,  the 
street  and  number),  in  this  election  district;  that  I  am  21  years  of 
age  and  have  not  voted  at  this  election.  So  help  me  God  (or  "this  I 
do  solemnly  and  sincerely  affirm,"  as  the  case  may  be). 


Subscribed  and  sworn  to  before  me  this day  of. 

A.  D.  18.. 


44 

6.  AFFIDAVIT  OF  WITNESS.]     [§  68,  Ch.  46,  R.  S.]    In  addition  to 
such  affidavit,  the  person  so  challenged  shall  produce  a  witness  per- 
sonally known  to  the  judges  of  election  and  resident  in  the  precinct 
or  district,  or  who  shall  be  proved  by  some  legal  voter  of  such  pre- 
cinct or  district,  known  to  the  judges  to  be  such,  who  shall  take  the 
oath  following,  viz. : 

I  do  solemnly  swear  (or  affirm)  that  I  am  a  resident  of  this  election 
precinct  or  district  and  entitled  to  vote  at  this  election,  and  that  I 
have  been  a  resident  of  this  State  far1  one  year  last  passed,  and  am 
well  acquainted  with  the  person  whose  vote  is  now  offered ;  that  he 
is  an  actual  and  bona  fide  resident  of  this  election  precinct  or  dis- 
trict, and  has  resided  herein  30  days,  and,  as  I  verily  believe,  in  this 
county  90  days,  and  in  this  State  one  year  next  preceding  this  election. 

7.  WHO  MAY  ADMINISTER  OATH.]    [§  69,  Ch.  46,  R.  S.]    The  oath, 
in  each  case,  may  be  administered  by  either  of  the  judges  of  election, 
or  by  any  officer,  resident  in  the  precinct  or  district,  authorized  by 
law  to  administer  oaths. 

8.  CONVICTS — DISQUALIFICATIONS.]     [§   70,   Ch.   46,   R.    S.]     No 
person  who  has  been  legally  convicted  of  any  crime,  the  punishment  of 
which  is  confinement  in  the  penitentiary,  or  who  shall  be  convicted 
and  sentenced  under  section   i   of  article  XII  of  this  Act,  shall  be 
permitted  to  vote  at  any  election  unless  he  shall  be  restored  to  the 
right  to  vote  by  pardon;  or  by  the  expiration  of  the  term  of  his  dis- 
franchisement  under  section  7  of  article  XIII  of  this  Act. 

?.  WOMAN  MAY  VOTE  FOR  SCHOOL  OFFICERS.]  [§  332,  Ch.  46,  R. 
Any  woman  of  the  age  of  21  years  and  upwards,  belonging  to 
either  of  the  classes  mentioned  in  article  VII  of  the  Constitution  of 
the  State  of  Illinois,  who  shall  have  resided  in  this  State  one  year, 
in  the  county  90  days,  and  in  the  election  district  30  days  preced- 
ing any  election  held  for  the  purpose  of  choosing  any  officer  of  schools 
under  the  general  or  special  school  laws  of  this  State,  shall  be  entitled 
to  vote  at  such  election  in  the  school  district  of  which  she  shall  at 
the  time  have  been  for  30  days  a  resident:  Provided,  any  woman  so 
desirous  of  voting  at  any  such  election  shall  have  been  registered  in  the 
same  manner  as  is  provided  for  the  registration  of  male  voters. 

10.  BALLOT — WHAT  TO  CONTAIN — HOW  DEPOSITED.]     [§  333,  Ch. 
46  R.  S.]    Whenever  the  election  of  public  school  officers  shall  occur 
at  the  same  election  at  which  other  public  officers  are  elected,  the 
ballot  offered  by  any  woman  entitled  to  vote  under  this  Act  shall  not 
contain  the  name  of  any  person  to  be  voted  for  at  such  election  except 
such  officers  of  public  schools,  and  such  ballots  shall  all  be  deposited 
in  a  separate  ballot  box,  but  canvassed  with  other  ballots  cast  for 
school  officers  at  such  election. 

11.  ABSENCE  FOR  VOTING  PURPOSES — EMPLOYER  PREVENTING — PEN- 
ALTY.]   [§  312,  Ch.  46,  R.  S.]    Any  person  entitled  to  vote  at  a  gen- 
eral election  in  this  State  shall,  on  the  day  of  such  election,  be  entitled 
to  absent  himself  from  any  services  or  employment  in  which  he  is 
then  engaged  or  employed  for  a  period  of  two  hours  between  the 
time  of  opening  and  closing  the  polls ;  and  such  voter  shall  not,  be- 
cause of  so  absenting  himself,  be  liable  to  any  penalty;  nor  shall  any 


45 

deduction  be  made  on  account  of  such  absence  from  his  usual  salary 
or  wages:  Provided,  however,  that  application  for  such  leave  of 
absence  shall  be  made  prior  to  the  day  of  election.  The  employer  may 
specify  the  hours  during  which  said  employe  may  absent  himself 
as  aforesaid.  (The  above  provision  is  preserved  in  section  n  of 
article  XIII.) 

ARTICLE  X. 

MANNER   OF   CONDUCTING   ELECTIONS. 

1.  TIME  POLLS  TO  BE  KEPT  OPEN.]    [§§  48  and  321,  Ch.  46,  R.  S.J 
At  all  elections  to  which  this  Act  applies,  except  at  elections  held  in 
cities,  villages  and  incorporated  towns  which  have  heretofore  adopted 
or  may  hereafter  adopt  the  provisions  of  an  Act  entitled  "An  Act 
regulating  the  holding  of  elections  and  declaring  the  results  thereof 
in  cities,  villages  and  incorporated  towns,"  approved  June  19,  1885,. 
the  polls  shall  be  opened  at  7:00  o'clock  in  the  morning  and  shall  be 
closed  at  5  :oo  in  the  evening :    Provided,  however,  that  cities,  villages 
and  towns  in  counties  of  the  third  class  may  provide  by  c'ty  or  vil- 
lage ordinance,  or  by  resolution  adopted  at  the  annual  town  meeting, 
that  polls  shall  be  opened  at  6  :oo  o'clock  in  the  morning  and  be  closed 
at  4:00  o'clock  in  the  afternoon,  and  after  the  passage  of  such  ordi- 
nance or  resolution  and  the  filing  of  a  certified  copy  thereof  with 
the  county  clerk  of  the  county  in  which  such  city,  village  or  town  is 
located,  the  polls  shall  open  at  6:00  o'clock  in  the  morning  and  close 
at  4:00  o'clock  in  the  afternoon  of  the  same  day  at  elections  held  in 
such  city,  village  or  town,  adopting  such  ordinance  or  resolution  and 
filing  the  same  as  herein  provided.     But  if  the  judges  shall  not  attend 
at  the  hour  of  7  o'clock  in  the  morning,  or  if  it  shall  be  necessary  for 
the  electors  present  to  appoint  judges  to  conduct  the  election  as  here- 
inbefore prescribed,  the  polls  may,  in  that  case,  be  opened  at  any  hour 
before  the  time  for  closing  the  same  shall  arrive,  as  the  case  may 
require. 

2.  PROCLAMATION.]     [§   49,   Ch.   46,   R.    S.]     Upon  opening-  the 
polls,  one  of  the  clerks  or  judges  of  election  shall  make  proclamation 
of  the  same,  and  at  least  30  minutes  before  the  closing  of  the  poUs 
proclamation  shall  be  made  in  like  manner  and  that  the  polls  will  be 
closed  in  half  an  hour. 

3.  BALLOT  BOX  PUBLICLY  EXHIBITED,  ETC. — LOCKED — KEYS.]    [§  50, 
Ch.  46,  R.  S.]    Before  any  ballot  shall  be  deposited  in  the  ballot  box, 
the  ballot  box  shall  be  publicly  opened  and  exhibited,  and  the  judges 
and  clerks  shall  see  that  no  ballot  is  in  such  box ;  after  which  the  box 
shall  be  locked  and  the  key  delivered  to  one  of  the  judges,  and  shall 
not  again  be  opened  until  the  close  of  the  polls. 

4.  POLL  LISTS — HOW  KEPT.]     [§51,  Ch.  46,  R.  S.]    Each  clerk  of 
election  shall  keep  a  poll  list,  which  shall  contain  a  column  headed 
"number"  and  another  headed  "names  of  voters."   The  name  of  e->  h 
elector  voting  shall  be  entered  upon  each  of  the  poll  books  by  the 
clerks,  in  regular  succession,  under  the  proper  headings,  and  the  num- 
ber of  such  voter  placed  opposite  his  name  in  the  column  headed 
"number." 


46 

5.  No  ADJOURNMENT  OR  RECESS.]    [§  156,  Ch.  46,  R.  S.]    After  the 
opening  of  the  polls  ,no  adjournment  shall  be  had,  nor  shall  any  recess 
be  taken,  until  all  the  votes  cast  at  such  election  shall  have  been 
counted  and  the  results  publicly  announced. 

6.  MANNER  OF  VOTING — CHECKING  ON   REGISTER  LIST.]     [§   309, 
Ch.  46,  R.  S.]    Any  person  desiring  to  vote  shall  give  his  name  and 
if  required  to  do  so,  his  residence,  to  the  judges  of  election,  one  of 
whom  shall  thereupon  announce  the  name  in  a  loud  and  distinct  tone 
of  voice,  clear  and  audible ;  and  if  such  name  is  found  upon  the  regis- 
ter of  voters  by  the  officer  having  charge  thereof,  he  shall  likewise 
repeat  said  name,  and  the  voter  shall  be  allowed  to  enter  the  space 
enclosed  by  the  guard-rail  as  above  provided.     One  of  the  judges 
shall  give  the  voter  one,  and  only  one  ballot,  on  the  back  of  which 
such  judge  shall  endorse  his  initials  in  such  manner  that  they  may  be 
seen  when  the  ballot  is  properly  folded,  and  the  voter's  name  shall  be 
immediately  checked  on  the  register  list.     At  all  elections  when  a 
registry  may  be  required,  if  the  name  of  any  person  so  desiring  to 
vote  at  such  election  is  not  found  on  the  register  of  voters,  he  shall 
not  receive  a  ballot  until  he  shall  have  complied  with  the  law  pre- 
scribing the  manner  and  conditions  of  voting  by  unregistered  voters. 
If  any  person  desiring  to  vote  at  any  election  shall  be  challenged,  he 
shall  not  receive  a  ballot  until  he  shall  have  established  his  right  to 
vote  in  the  manner  provided  by  law;  and  if  he  shall  be  challenged 
after  he  has  received  his  ballot,  he  shall  not  be  permitted  to  vote  until 
he  has  fully  complied  with  such  requirements  of  the  law  upon  being 
•challenged.    Besides  the  election  officer,  not  more  than  two  voters  in 
excess   of   the   whole   number   of   voting  booths   provided   shall   be 
allowed  in  said  enclosed  space  at  one  time. 

7.  MANNER  OF  PREPARING  BALLOT.]     [§  310,  Ch.  46,  R.  S.]    On 
receipt  of  his  ballot  the  voter  shall  forthwith,  and  without  leaving  the 
enclosed  space,  retire  alone  to  one  of  the  voting  booths  so  provided 
and  shall  prepare  hig  ballot  by  making  in  the  appropriate   margin 
or  place  a  cross  (X)  opposite  the  name  of  the  candidate  of  his  choice 
for  each  office  to  be  filled,  or  by  writing  in  the  name  of  the  candidate 
of  his  choice  in  a  blankr  space  on  said  ticket,  making  a  cross  (X)  oppo- 
site thereto ;  and  in  case  of  a  question  submitted  to  the  vote  of  the 
people,  by  making  in  the  appropriate  margin  or  place  a  cross   (X) 
against  the  answer  he  desires  to  give:     Provided,   however,  if  he 
shall  desire  to  vote  for  all  of  the  candidates  of  one  political  party  or 
group  of  petitioners,  he  may  place  such  mark  at  the  appropriate  place 
preceding  the  appellation  or  title  under  which  the  names  of  the  can- 
didates of  such  party  or  group  of  petitioners  are  printed,  and  the 
ballot  so  marked  shall  be  counted  as  cast  for  all  of  the  candidates 
named    under   that    title:     Provided,    further,    that   the   votjer   may 
place  such  mark  at  the  appropriate  place  preceding  the  appellation  or 
title  of  one  party  or  group  of  petitioners  and  may  also  mark,  at  the 
appropriate  place  preceding  the  name  or  names  of  one  or  more  can- 
didates printed  under  the  appellation  or  title  of  some  other  party  or 
group  of  petitioners,  and  a  ballot  so  malrked  shall  be  counted  as  cast 
for  all  the  candidates  named  under  the  appellation  or  title  which  has 


47 

been  so  marked,  except  as  to  the  officers  as  to  which  he  has  placed  such 
mark  preceding  the  name  or  names  of  some  other  candidate  or  candi- 
dates printed  under  the  title  of  some  other  party  or  group  of  petitioners, 
and  as  to  such  it  shall  be  counted  as  cast  for  the  candidate  or  candidates 
preceding  whose  name  or  names  such  mark  may  have  been  placed. 
Before  leaving  the  voting  booth,  the  voter  shall  fold  his  ballot  in  such 
manner  as  to  conceal  the  marks  thereon.  He  shall  then  vote  forth- 
with in  the  manner  now  provided  by  law,  except  that  the  number 
corresponding  to  the  number  of  the  voter  on  the  poll  books  shall  not 
be  endorsed  on  the  back  of  the  ballot.  He  shall  mark  and  deposit  his 
ballot  without  undue  delay,  and  shall  quit  said  enclosed  space  as  soon 
as  he  has  voted.  No  voter  shall  be  allowed  to  occupy  a  voting  booth 
already  occupied  by  another,  nor  remain  within  said  enclosed  space 
more  than  ten  minutes,  nor  to  occupy  a  voting  booth  more  than  five 
minutes,  in  case  all  of  said  voting  booths  are  in  use  and  other  voters 
waiting  to  occupy  the  same.  No  voter,  not  an  election  officer,  shall, 
after  having  voted,  be  allowed  to  re-enter  said  enclosed  space  during 
said  election.  No  person  shall  take  or  remove  any  ballot  from  the 
polling  place  before  the  close  of  the  polls.  No  voter  shall  vote  or 
offer  to  vote  any  ballot  except  such  as  he  has  received  from  the 
judge  of  election  in  charge  of  the  ballots.  Any  voter  who  shall,  by 
accident  or  mistake,  spoil  his  ballot,  may,  on  returning  said  spoiled 
ballot,  receive  another  in  place  thereof. 

8.  ,  ASSISTANCE  TO  ILLITERATE  VOTERS.]     [§   311,  Ch.  46,  R.   S.] 
Any  voter  who   may   declare  upon   oath  that  he  can  not   read  the 
English  language,  or  that  by  reason  of  any  physical  disability,  he  is 
unable  to  mark  his  ballot,  shall,  upon  request,  be  assisted  in  marking 
his  ballot  by  two  of  the  election  officers,  of  different  political  parties,- 
to  be  selected  from  the  judges  and  clerks  of  the  precinct  or  district 
in  which  they  are  to  act,  to  be  designated  by  the  judges  of  election 
of    each    precinct     at    the   opening    of    the    polls.      Such    officers 
shall  mark  the  ballot  as  directed  by  the  voter,  and  shall  thereafter  give 
no  information  regarding  the  same.    The  clerks  of  election  shall  enter 
upon  the  poll  lists  after  the  name  of  any  elector  who  received  such 
assistance  in  marking  his  ballot  a  memorandum  of  the  fact.     Intoxi- 
cation shall  not  be  regarded  as  a  physical  disability,  and  no  intoxi- 
cated person  shall  be  entitled  to  assistance  in  marking  his  ballot. 

9.  CUMULATIVE  VOTES — HOW  VOTED.]     [§  304,  Ch.  46,  R.  S.]  No 
number  of  votes  shall  be  printed  on  any  ballot  after  the  name  of  any 
candidate  for  representative  in  the  General  Assembly.     In  canvassing 
the  vote  for  representatives  in  the  General  Assembly,  the  ballots  shall 
be  counted  in  the  manner  following : 

First.  Where  the  names  of  three  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 
and  a  cross,  thus,  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  vote 
for  each  of  said  candidates. 

Second.  Where  the  names  of  two  candidates  for  representatives  in 
the  General  Assembly  are  printed  under  one  party  appellation  or  title 


48 

and  a  cross,  thus,  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title,  and  the  ballot  is  not  otherwise  marked  for 
representatives  in  the  General  Assembly,  it  shall  be  counted  one  and 
one-half  votes  for  each  of  said  candidates. 

Third.  Where  the  name  of  but  one  candidate  for  representative  in 
the  General  Assembly  is  printed  under  one  party  appellation  or  title 
and  a  cross,  thus,  X,  is  placed  at  the  appropriate  place  preceding  such 
party  appellation  or  title  and  the  ballot  is  not  otherwise  marked  for 
representative  in  the  General  Assembly,  it  shall  be  counted  three 
votes  for  said  candidate. 

Fourth.  Whether  a  cross,  thus,  X,  is  placed  at  the  appropriate 
place  preceding  any  party  appellation  or  title,  or  not,  whenever  a  cross 
is  placed  in  the  square  preceding  the  name  of  any  one  candidate  for 
representative  in  the  General  Assembly  and  the  ballot  is  not  other- 
wise marked,  the  ballot  shall  be  counted  three  votes  for  said  candi- 
date; where  a  cross  is  placed  in  the  squares  preceding  the  names  of 
any  two  candidates  for  representatives  in  the  General  Assembly  and 
the  ballot  is  not  otherwise  marked,  the  ballot  shall  be  counted  one 
and  one-half  votes  for  each  of  said  two  candidates;  where  a  cross  is 
placed  in  the  squares  preceding  the  names  of  any  three  candidates  for 
representatives  in  the  General  Assembly  and  the  ballot  is  not  other- 
wise marked,  the  ballot  shall  be  counted  one  vote  for  each  of  said 
three  candidates. 

Fifth.  Whether  the  voter  has  indicated  his  intention  by  lawful 
marking  of  his  ballot  to  divide  his  votes  among  the  candidates  in  any 
manner  other  than  as  specified  in  the  foregoing  directions,  it  shall  be 
counted  for  such  candidates  according  to  the  intention  of  the  voter  as 
disclosed  by  the  marking  of  the  ballot. 

Sixth.  If  the  ballot  has  been  so  marked  as  to  indicate  an  intention 
to  cast  more  than  three  votes  for  representatives  in  the  General  As- 
sembly, such  ballot  shall  not  be  counted  for  any  of  such  candidates. 

10.  BALLOTS  NOT  COUNTED — SPOILED  BALLOTS.  [§  313,  Ch.  46, 
R.  S.]  If  the  voter  marks  more  names  than  there  are  persons  to  be 
elected  to  an  office,  or  if  for  any  reason  it  is  impossible  to  determine 
the  voter's  choice  for  any  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office.  No  ballot  without  the  official  endorsement 
shall  be  allowed  to  be  deposited  in  the  ballot  box,  and  none  but  bal- 
lots provided  in  accordance  with  the  provisions  of  this  Act  shall  be 
counted.  Ballots  not  counted'  shall  be  marked  "defective"  on  the 
back  thereof,  and  ballots  to  which  objection  has  been  made  by  either 
of  the  judges  or  challengers  shall  be  marked  "objected  to"  on  the 
back  thereof,  and  a  memorandum,  signed  by  the  judges,  stating  how 
it  was  counted,  shall  be  written  upon  the  back  of  each  ballot  so 
marked  and  all  ballots  marked  "defective"  or  "objected  to"  shall  be 
enclosed  in  an  envelope,  securely  sealed  and  so  marked  and  endorsed 
as  to  clearly  disclose  its  contents.  All  ballots  not  voted,  and  all  that 
have  been  spoiled  by  voters  while  attempting  to  vote,  shall  be  re- 
turned by  the  judges  of  election  to  the  officer  or  authorities  charged 
with  the  printing  and  distribution  of  the  ballots,  and  a  receipt  taken 
therefor,  and  shall  be  preserved  six  months ;  such  officer  shall  keep  a 


49 

record  of  the  number  of  ballots  delivered  for  each  polling  place,  the 
name  of  the  person  to  whom  and  the  time  when  delivered,  and  he 
shall  also  enter  upon  such  record  the  number  and  character  of  bal- 
lots returned,  with  the  time  when  and  the  person  by  whom  they  are 
returned. 

ii.  CANVASS  OF  BALLOTS.]  [§  57,  Ch.  46,  R.  S.]  Immediately 
upon  closing  the  polls,  the  judges  shall  proceed  to  canvass  the  votes 
polled.  They  shall  first  count  the  whole  number  of  ballots  in  the 
box.  If  two  or  more  ballots  are  folded  together,  so  as  to  appear  to 
have  been  cast  by  the  same  person,  and  the  number  of  ballots  exceeds 
the  number  of  names  entered  on  each  of  the  poll  lists,  the  ballots  so 
folded  together  shall  be  rejected,  and  if  the  number  of  ballots  still 
exceeds  the  number  of  names  entered  upon  each  of  the  poll  lists,  said 
ballots  shall  be  replaced  in  the  ballot  box  and  the  box  closed  and 
well  shaken  and  again  opened,  and  one  of  the  judges  shall  publicly 
draw  out  and  destroy  so  many  ballots  unopened  as  shall  be  equal  to 
such  excess;  and  the  number  of  the  ballots  agreeing  with  the  poll 
lists,  or  being  made  to  agree,  the  board  shall  then  proceed  to  count 
and  estimate  and  publish  the  votes;  and  when  the  judges  of  election 
shall  open  and  read  the  tickets,  each  clerk  shall  carefully  and  cor- 
rectly mark  down  upon  the  tally  lists  the  votes  each  candidate  has  re- 
ceived, in  a  separate  column  prepared  for  that  purpose,  with  the 
name  of  such  candidate  at  the  head  of  such  column,  and  the  office 
designated  by  the  votes  such  candidate  shall  fill.  The  vote  shall  be 
canvassed  in  the  room  or  place  where  the  election  is  held,  and  the 
judges  shall  not  allow  the  ballot  box,  or  any  of  the  ballots,  or  either 
of  the  poll  lists,  or  either  of  the  tally  papers,  to  be  removed  or  carried 
away  from  such  room  or  place  until  the  canvass  of  the  votes  is  com- 
pleted and  the  returns  carefully  enveloped  and  sealed  up,  as  provided 
by  law. 

ua.  "STRAIGHT  TICKETS/'  HOW  TALLIED — SPLIT  TICKETS,  ETC.] 
[§  323b,  Ch.  46,  R.  S.]  That  hereafter  at  all  general  and  special  elec- 
tions and  primary  elections  held  in  this  State,  where  the  law  shall  pro- 
vide that  the  clerks  shall  tally  the  votes  received  by  candidates  at  such 
election,  it  shall  not  be  necessary  for  the  clerks  of  such  election  to  mark 
upon  the  tally  sheets  .kept  by  them,  separate  marks  or  tallies  for  each 
vote  received  by  the  candidates  upon  the  ballots 'containing  the  same 
names,  commonly  known  and  hereafter  in  this  Act  designated  as 
"straight  tickets."  But  when  the  judges  shall  have  counted  and  an- 
nounced to  the  clerks,  as  near  as  may  be  as  now  or  hereafter  provided 
by  law,  the  number  of  votes  received  by  each  set  of  candidates  upon 
such  "straight  tickets,"  the  clerks  shall  set  each  number  of  votes  down, 
in  figures,  opposite  the  names  of  the  respective  candidates,  in  a  column 
provided  for  that  purpose  upon  the  tally  sheets;  which  column  shall 
immediately  join  upon  the  left  the  space  reserved  for  the  tallies,  and 
which  shall  be  of  convenient  width  and  shall  be  headed,  "Number  of 
votes  received  upon  'straight  tickets.' ':  The  judges  shall  then  proceed 
to  count  and  announce  the  votes  received  by  each  candidate  upon  all 
ballots  other  than  "straight  tickets,"  including  all  ballots  known  as 

-4  E 


50 

"split  tickets,"  and  all  ballots  known  as  "scratched  tickets,"  and  the 
clerks  shall  proceed  to  tally  the  same  upon  the  tally  sheets,  and  to  com- 
pare and  announce  the  result  thereof ;  which  counting,  announcing  and 
tallying  shall  be  conducted  as  now  or  hereafter  provided  by  law.  The 
clerks  shall  set  down,  in  figures,  the  number  of  votes  received  by  each 
candidate  on  ballots  other  than  "straight  tickets,"  as  so  ascertained  and 
announced,  in  a  column  provided  for  that  purpose  upon  the  tally  sheets, 
immediately  adjoining  on  the  right  the  space  reserved  for  the  tallies, 
which  column  shall  be  of  convenient  width,  and  shall  be  headed 
"Nnmber  of  votes  received  upon  ballots  other  than  'straight  tickets.' ' 
The  clerks  shall  then  proceed  to  add  together  the  number  of  votes  re- 
ceived by  each  candidate,  as  shown  in  the  column  containing  the 
straight  votes  and  the  number  as  shown  in  the  column  containing  the 
votes  other  than  straight  votes ;  which  result  will  show  the  total  number 
of  votes  received  by  each  candidate;  and  after  comparing  their  results 
and  rinding  that  the  same  agree  and  are  correct,  they  shall  set  down 
the  same,  in  figures,  in  a  column  provided  upon  the  tally  sheets  for  that 
purpose,  on  the  extreme  right  hand  side  thereof,  which  shall  be  of 
convenient  width  and  shall  be  headed  "total  number  of  votes." 
Whereupon  one  of  the  clerks  shall  announce  in  a  loud  voice  to  the 
judges  the  total  number  of  voted  [votes]  received  by  and  counted  for 
each  candidate. 

nb.  REPEAL — INTENT  OF  ACT.]  [§  323^  Ch.  46,  R.  S.]  All  laws 
and  parts  of  laws  in  conflict  herewith  are  hereby  repealed.  Nothing 
in  this  Act  contained  shall  be  construed  to  authorize  or  permit  the 
canvassing,  counting  or  tallying  ballots  with  any  less  degree  of 
strictness  than  now  required  by  law;  the  intention  of  this  Act  being 
to  dispense  with  the  individual  tally  marks  only  so  far  as  the  so-called 
"straight  tickets"  are  concerned;  and  all  other  operations  of  tallying, 
counting  and  canvassing  and  announcing  the  votes  shall  proceed  as 
near  as  may  be  in  accordance  with  the  laws  now  or  hereinafter  provided 
therefor. 

12.  CANVASS  OF  VOTES — PROCLAMATION — BALLOTS  DESTROYED.] 
[  314,  Ch.  46,  R.  S.]  When  the  canvass  of  the  ballots  shall  have 
been  completed,  as  now  provided  by  law,  the  clerks  shall  announce  to 
the  judges  the  total  number  of  votes  received  by  each  candidate ;  each 
judge  of  the  election  shall  proclaim  in  a  loud  voice  the  total  number 
of  votes  received  by  each  of  the  persons  voted  for  and  the  office  for 
which  he  is  designated,  and  the  number  of  votes  for  and  the  number 
of  votes  against  any  proposition  which  shall  have  been  submitted  to 
a  vote  of  the  people;  such  proclamation  shall  be  prima  facie  evidence 
of  the  result  of  such  canvass  of  the  ballots.  Immediately  after  mak- 
ing such  proclamation,  and  before  separating,  the  judges  shall  fold  in 
two  folds,  and  string  closely  upon  a  single  piece  of  flexible  wire,  all 
ballots  which  have  been  counted  by  them,  except  those  marked  "ob- 
jected to,"  unite  the  ends  of  such  wire  in  a  firm  knot,  seal  the  knot  in 
such  manner  that  it  cannot  be  untied  without  breaking  the  seal,  en- 
close the  ballots  so  strung  in  a  secure  canvass  covering  and  securely 
tie  and  seal  such  canvass  covering  with  official  wax  impression  seals, 
to  be  provided  by  the  judges,  in  such  manner  that  it  cannot  be  opened 
without  breaking  the  seals,  and  return  said  ballots,  together  with  the 


package  containing  the  ballots  marked  "defective"  or  "objected  to"  in 
such  sealed  canvass  covering  to  the  proper  clerk  or  to  the  board  of 
election  commissioners,  as  the  case  may  be,  and  such  officer  shall 
carefully  preserve  said  ballots  for  six  months,  and  at  the  expiration  of 
that  time  shall  destroy  them  by  burning  without  previously  open- 
ing the  package.  Such  ballots  shall  be  destroyed  in  the  presence  of 
the  official  custodian  thereof  and  two  electors  of  approved  integrity 
and  good  repute  and  members  respectively  of  the  two  leading  political 
parties.  The  said  electors  shall  be  designated  by  the  county  judge 
of  the  county  in  which  such  ballots  are  kept :  Provided,  that  if  any 
contest  of  the  election  of  any  officer  voted  for  at  such  election  shall  be 
pending  at  the  expiration  of  said  time,  the  said  ballots  shall  not  be 
destroyed  until  such  contest  is  finally  determined.  In  all  cases  of 
contested  elections  the  parties  contesting  the  same  shall  have  the 
right  to  have  said  ballots  opened  and  to  have  all  errors  of  the  judges 
in  counting  or  refusing  to  count  any  ballots  corrected  by  the  court  or 
body  trying  such  contest,  but  such  ballots  shall  be  opened  only  in 
open  court  or  in  open  session  of  such  body  and  in  the  presence  of  the 
officer  having  the  custody  thereof. 

13.  FORM  OF  RETURN. T      [§  61,  Ch.  56,  R.  S.]     When  the  votes 
shall  have  been  examined  and  counted,  the  clerks  shall  set  down  in 
their  poll-books  the  name  of  every  person  voted  for,  written  at  full 
length,  the  office  for  which  such  person  received  such  votes,  and  the 
number  he  did  receive,  the  number  being  expressed  in  words,  at  full 
length ;  such  entry  to  be  made,  as  nearly  as  circumstances  will  admit, 
in  the  following  form,  to-wit : 

At  an  election  held  at in  the  county  of 

and  State  of  Illinois,  on  the day  of in  the  year 

of  our  Lord  one  thousand hundred  and the  fol- 
lowing named  persons  received  the  number  of  votes  annexed  to  their 
respective  names  for  the  following  described  offices,  to-wit.  (Name 
of  candidate)  had  (number  of  votes)  for  (title  of  office),  (and  in  the 
same  manner  for  any  other  persons  voted  for.)  Certified  by  us. 

A B 

C D 

E F 

fudges  of  Election. 

14.  RETURNS  TO  BE  MADE  TO  COUNTY  CLERK,  ETC. — CANVASS,  ETC.] 
[§  62,  Ch.  46,  R.  S.]    One  of  the  lists  of  voters,  with  such  certificate 
written  thereon,  and  one  of  the  tally  papers  footed  up  so  as  to  show 
the  correct  number  of  votes  cast  for  each  person  voted  for,  shall  be 
carefully  enveloped  and  sealed  up,  and  put  into  the  hands  of  one  of 
the  judges  of  election,  who  shall  within  24  hours  thereafter,  deliver  the 
same  to  the  county  clerk  or  his  deputy,  at  the  office  of  said  county 
clerk,  who  shall  safely  keep  the  same.    Another  of  the  lists  of  voters, 
with  such  certificate  written  thereon,  and  another  of  the  tally  papers 
footed   up   as  aforesaid,   shall  be  carefully   enveloped   and   sealed  up 
and  duly  directed  to  the  Secretary  of  State,  and  by  another  of  the 
judges  of  election,  deposited  in  the  nearest  postoffice  within  six  hours 
after  the  completion  of  the  canvass  of  the  votes  cast  at  such  election, 


52 

which  poll  book  and  tally  list  shall  be  filed  and  kept  by  the  Secretary 
of  State  for  one  year,  and  certified  copies  thereof  shall  be  evidence 
in  all  courts,  proceedings  and  election  contests.  Another  of  the  ksts 
of  voters,  with  such  certificates  written  thereon,  and  another  of  the 
tally  papers  footed  as  aforesaid,  shall  be  carefully  enveloped  and  sealed 
up  and  delivered  by  the  third  one  of  the  judges,  without  delay,  in 
counties  under  township  organization,  to  the  town  clerk  of  the  town 
in  which  the  district  may  be;  and  in  counties  not  under  township 
organization,  thev  shall  be  retained  by  one  of  the  judges  of  election, 
and  safely  kept  by  said  town  clerk  or  judge,  for  the  use  and  inspec- 
tion of  the  voters  of  such  district  until  the  next  general  election. 
Before  said  returns  are  sealed  up,  as  aforesaid,  the  judges  shall  com- 
pare said  tally  papers,  footings  and  certificates,  and  see  that  they  are 
correct  and  duplicates  of  each  other,  and  certify  to  the  correctness  of 
the  same :  Provided,  that  the  lists  of  voters  and  tally  papers  required 
by  this  Act  to  be  forwarded  to  the  Secretary  of  State,  shall  be  trans- 
mitted in  envelopes  furnished  to  the  various  county  clerks  by  the 
Secretary  of  State  for  that  purpose.  Said  envelopes  shall  bear  the 
name  and  address  of  the  Secretary  of  State,  printed  in  plain  legible 
type,  together  with  a  blank  form  printed  in  convenient  shape  for 
designating  the  county  and  voting  precinct  or  district  where  it  is 
to  be  used,  and  also  the  words  "poll  book  and  tally  list  only,"  and  the 
date  of  the  election  for  which  they  are  to  be  used.  Said  envelopes, 
printed  as  aforesaid,  shall  be  forwarded  by  the  Secretary  of  State  to 
the  various  county  clerks,  in  the  same  manner  in  which  registration 
books  are  now  sent,  and  in  ample  time  for  each  general  election.  And 
it  shall  be  the  duty  of  the  county  clerk  of  each  county,  upon  receipt 
of  said  envelopes,  to  properly  fill  out  the  blank  form  on  one  copy  of 
same  for  each  voting  precinct  or  district  in  his  county,  according  to 
the  list  of  precincts  forwarded  to  him  in  pursuance  of  law,  to  the 
office  of  the  Secretary  of  State.  Said  county  clerks  shall  attach  to 
each  of  said  envelopes,  sufficient  stamps  to  fully  prepay  the  postage 
on  the  list  of  voters  and  tally  paper  which  it  is  to  contain.  Said 
envelopes,  properly  filled  out  and  stamped  as  aforesaid,  shall  be  dis- 
tributed by  the  various  county  clerks  to  the  election  officers  entitled 
to  receive  them,  together  with  their  regular  quota  of  other  election 
supplies. 

15.  CHALLENGERS.]  [§  64,  Ch.  46,  R.  S.]  The  judges  of  election 
shall  allow  at  least  one,  and  not  more  than  two  legal  voters  of  each 
party  to  the  contest,  to  be  chosen  by  the  parties  respectively,  to  be  in 
the  room  where  the  election  is  held,  to  act  as  challengers  of  voters  at 
such  election;  and  such  challengers  may  remain  with  the  board  of 
election  until  the  votes  are  all  canvassed  and  the  result  declared. 

ARTICLE  XI. 

CANVASSING  RETURNS. 

i.  CANVASSING  RETURNS — ABSTRACTS.]  [§  71,  Ch.  46,  R.  S.] 
Within  seven  days  after  the  close  of  the  election  the  county  clerks  of 
the  respective  counties,  with  the  assistance  of  two  justices  of  the  peace 


S3 

of  the  county,  shall  open  the  returns  and  make  abstracts  of  the  votes 
in  the  following  manner,  as  the  case  may  require : 

Of  votes  for  Governor  and  Lieutenant  Governor,  on  one  sheet;  of 
votes  for  State  officers,  on  another  sheet;  of  votes  for  Presidential 
Electors,  on  another  sheet;  of  votes  for  Representatives  to  Congress, 
on  another  sheet;  of  votes  for  Judges  of  the  Supreme  Court,  on 
another  sheet;  of  votes  for  members  of  the  State  Board  of  Equaliza- 
sheet;  of  votes  for  Judges  of  the  Circuit  Court,  on  another  sheet;  of 
votes  for  Senators  and  Representatives  to  the  General  Assembly,  on 
another  sheet ;  of  votes  for  members  of  the  State  Board  of  Equaliza- 
tion, on  another  sheet;  of  votes  for  Trustees  of  the  University  of 
Illinois,  on  another  sheet;  of  votes  for  amendments  to  the  Constitu- 
tion, and  for  other  propositions  submitted  to  the  electors  of  the  entire 
State,  on  another  sheet;  of  votes  for  county  officers  and  for  proposi- 
tions submitted  to  the  electors  of  the  county  only,  on  another  sheet. 
The  foregoing  abstracts  shall  be  preserved  by  the  county  clerk  in  the 
office. 

2.  CERTIFICATE  OF  ELECTION.]     [§  72,  Ch.  46,  R.  S.]  The  county 
clerk  shall  make  out  a  certificate  of  election  to  each  of  the  persons 
having  the  highest  number  of  votes  for  the  several  county  officers, 
and  deliver  such  certificate  to  the  person  entitled  to  it,  on  his  appli- 
cation. 

3.  TIE  VOTE.]      [§  73,  Ch.  46,  R.  S.]     When  two  or  more  persons 
receive  an  equal  and  the  highest  number  of  votes  for  an  office  to  be 
filled  by  the  county  alone,  the  county  clerk  shall  issue  a  notice  to 
such  persons  of  such  tie  vote,  and  require  them  to  appear  at  his  office, 
on  a  day  named  in  the  notice,  within  ten  days  from  the  day  of  elec- 
tion, and  determine  by  lot  which  of  them  is  to  be  declared  elected. 

4.  DRAWING  LOTS — CERTIFICATES.]     [§  74,  Ch.  46,  R.  S.]     On  the 
day  appointed,  the  clerk  and  other  canvassers,  or  in  case  of  their  ab- 
sence, the  State's  attorney  or  sheriff,  shall  attend,  and  the  parties 
interested  shall  appear  and  determine  by  lot  which  of  them  is  to  be 
declared  elected;  and  the  clerk  shall  issue  his  certificate  of  election 
to  the  person  thus  declared  elected. 

5.  ABSTRACTS  SENT  TO  SECRETARY  OF  STATE.]      [§  76,  Ch.  46V,R. 
S.]     Immediately  after  the  completion  of  the  abstracts  of  votes  ^thp 
county  clerk  shall  make  two  correct  copies  of  the  abstracts  of  votes 
for  Governor,  Lieutenant  Governor,  Secretary  of  State,  Auditor  of 
Public  Accounts,  Treasurer,  Attorney  General  and  Superintendent  of 
Public  Instruction,  both  of  which  said  copies  he  shall  envelop  and 
seal  up,  and  endorse  upon  the  envelopes  in  substance,  "Abstracts  of 

votes  for  State  officers  from county,"  and  he  shall  address 

one  of  the  envelopes  containing  said  copies  of  abstracts  of  votes  for 
State  officers  to  "the  Speaker  of  the  House  of  Representatives,"  ahd 
the  other  he  shall  address  to  "the  Secretary  of  State."     The  county 
clerk  shall,  at  the  same  time,  envelop  and  seal  up  a  copy  of  each  of 
the  abstracts  of  votes  for  other  officers  and  amendments  to  the  Con- 
stitution and  other  propositions  voted  on,  and  endorse  the  same  so  as 
to  show  the  contents  of  the  package,  and  address  the  same  to  the  Sec- 
retary of  State.     The  several  packages  shall  then  be  placed  in  one 
envelope  and  addressed  to  the  Secretary  of  State. 


54 

6.  How  ABSTRACTS  SENT.]     [§  77,  Ch.  46,  R.  S.]     Such  abstracts 
shall  be  transmitted  to  the  Secretary  of  State  by  mail,  or,  in  case  it 
shall  be  necessary,  by  special  messenger. 

7.  CANVASS    BY   SECRETARY   OF   STATE — TIE   VOTE — COMMISSION — 
PROCLAMATION.]      [§  78,  Ch.  46,  R.  S.]     The  Secretary  of  State,  Au- 
ditor, Treasurer  and  Attorney  General,  or  any  two  of  them,  in  the 
presence  of  the  Governor,  shall  proceed  within  20  days  after  the  elec- 
tion, and  sooner  if  all  the  returns  are  received,  to  canvass  the  votes 
given  for  Representatives  to  Congress,  Judges  of  the  Supreme  Court, 
Clerk  of  the  Supreme  Court,  Judges  of  the  Circuit  Court,  Senators, 
Representatives  to    the    General    Assembly,    members  of    the    State 
Board  of  Equalization  and  Trustees  of  the  University  of  Illinois,  re- 
spectively, and  the  persons  having  the  highest  number  of  votes  for 
the  respective  officers  shall  be  declared  duly  elected ;  but  if  it  appears 
that  more  than  the  number  of  persons  to  be  elected  have  the  highest 
and  equal  number  of  votes  for  the  same  office,  the  Secretary  of  State, 
in  the  presence  of  the  other  officers  and  the  Governor,  shall  decide  by 
lot  which  of  such  persons  shall  be  elected;  and  to  each  person  duly 
elected,  the  Governor  shall  give  a  certificate  of  election  or  commis- 
sion, as  the  case  may  require,  and  shall  cause  proclamation  to  be 
made  of  the  result  of  the  canvass,  and  they  shall  at  the  same  time  and 
in  the  same  manner  canvass  the  vote  cast  upon  amendments  to  the 
Constitution  and  upon  other  propositions   submitted  to  the  electors 
of  the  entire  State;  and  the  Governor  shall  cause  to  be  made  such 
proclamation  of  the  result  of  the  canvass  as  the  statutes  elsewhere 
provide. 

ARTICLE  XII. 

CONTESTING    ELECTIONS. 

1.  WHEN  LEGISLATURE  TO  HEAR.]     [§  94,  Ch.  46,  R.   S.]     The 
Legislature,    in    joint    meeting,    shall  hear    and    determine    cases  of 
contested  elections  of  Governor  and  Lieutenant  Governor,  Secretary 
of  State,  Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of 
Public  Instruction,  and  Attorney  General.     The  meeting  of  the  two 
Houses,  to  decide  upon  such  election,  shall  be  held  in  the  hall  of  the 
House  of  Representatives,  and  the  Speaker  of  the  House  shall  preside. 

2.  SENATORS  AND  REPRESENTATIVES.]     [§  95,  Ch.  46,  R.  S.]    The 
Senate  and  House  of  Representatives  shall  severally  hear  and  deter- 
mine contests  of  election  of  their  respective  members. 

3.  BY  CIRCUIT  COURT.]      [§  96,  Ch.  46,  R.  S.]     The  circuit  court 
shall  hear  and  determine  contests  of  the  election  of  Judges  of  the 
Supreme  Court,  clerks  of  the  Supreme  Court,  judges  of  the  circuit 
court,  judges  of  the  Superior  Court  of  Cook  county,  and  members  of 
the  State  Board  of  Equalization,  but  no  judge  of  the  circuit  court 
shall  sit  upon  the  hearing  of  any  case  in  which  he  is  a  party. 

4.  BY  CIRCUIT  AND  SUPERIOR  COURTS.]    [§  97,  Ch.  46,  R.  S.]    The 
circuit   courts   in   thle   respective   counties,   and   in    Cook   county   the 


55  .:/< 

Superior  Court  also,  may  have  [hear]  and  determine  contests  of  the 
election  of  judges  of  the  county  courts,  mayors  of  cities,  presidents 
of  county  boards,  presidents  of  villages,  in  reference  to  the  removal 
of  county  seafts  and  in  reference  to  any  other  subject  which  may  be 
submitted  to  the  vote  of  the  people  of  the  county,  and  concurrent 
jurisdiction  with  the  county  court  in  all  cases  mentioned  in  section 
ninety-eight  (98). 

5.  BY  COUNTY  COURT.]     [§  98,  Ch.  46,  R.  S.]    The  county  court 
shall  hear  and  determine  contests  of  election  of  all  other  county,  town 
and  precinct  officers,  and  all  other  officers  for  the  contesting  of  whose 
election  no  provision  is  made. 

6.  ELECTION    OF    STATE    OFFICERS — PETITION    OF    CONTESTANT.] 
[§  99,  Ch.  46,  R.  S.]    When  any  elector  shall  desire  to  contest  the 
election  of  Governor,  Lieutenant  Governor,  Secretary  of  State,  Aud- 
itor of  Public  Accounts,  Treasurer,  Superintendent  of  Public  Instruc- 
tion or  Attorney  General,  he  shall,  within  ten  days  after  the  result  of 
the  election   shall   have   been   determined,   present  a  petition   to  the 
General  Assembly,  setting  forth  the  points  on  which  he  will  contest 
such  election  and  praying  for  leave  to  produce  his  proof, 

7.  JOINT  COMMITTEE  TO  TAKE  TESTIMONY.]      [§   IOO,  Ch.  46,  R.  S.] 

The  General  Assembly  shall  appoint  at  joint  committee  to  take  the  tes- 
timony on  the  part  of  the  petitioner,  and  the  person  whose  place  is 
contested. 

8.  POWERS  OF  JOINT  COMMITTEE.]     [§   101,  Ch.  46,  R.  S.]    The 
committee  so  appointed  shall  have  power  to  send  for  witnesses,  and 
compel  the  attendance  of   witnesses   and   the   production   of  papers, 
issue  commissions  under  the  hand  of  its  chairman  to  any  officer  au- 
thorized to  take  depositions  in  other  cases,  to  take  the  depositions  of 
witnesses  upon  the  points  set  forth  in  the  petition,  at  such  time  and 
place  as  the  commission  shall  direct. 

9.  NOTICE.]  v[§   1 02,  Ch.  46,  R.  S.]    Reasonable  notice  shall  be 
given  by  the  party  in  whose  favor  the  deposition  is  to  be  taken,  to 
the  opposite  party,  of  the  time  and  place  of  taking  the  same. 

10.  TESTIMONY.]     [§  103,  Ch.  46,  R.  S.]    No  testimony  shall  be 
taken  except  upon  the  points  set  forth  in  the  petition. 

11.  REPORT   OF   COMMITTEE — HEARING — DECISION.]     [§!   104,    Ch. 
46,  R.  S.]    The  committee  shall  report  the  facts  to  the  House,  and  a 
day  shall  be  fixed  by  a  joint  resolution  for  the  meeting  of  the  two 
Houses  to  decide  upon  the  same,  in  which  decision  the  yeas  and  nays 
shall  be  taken  and  entered  upon  the  journal. 

12.  WHO    MAY    CONTEST    SENATOR    OR    REPRESENTATIVE.]       [§     IO5, 

Ch.  46,  R.  S.]  The  election  of  any  member  declared  duly  elected  to 
a  seat  in  the  Senate  or  House  of  Representatives  of  the  General  As- 
sembly may  be  contested  by  any  qualified  voter  of  th'e  county  or  dis- 
trict to  be  represented  by  such  Senator  or  Representative. 

13.  NOTICE  OF  CONTEST.]     [§  106,  Ch.  46,  R.  S.]     The  contestant 
shall,  within  30  days  after  the  result  of  the  election  shall  have  been 
determined,   serve  on  the  person  whose  election   he   will  contest,  a 
notice  of  his  intention  to  contest  such  election,  expressing  the  points 


56 

on  which  the  same  will  be  contested ;  and  shall,  also,  on  or  before  the 
next  session  of  the  General  Assembly,  deliver  a  copy  of  such  notice 
to  the  Secretary  of  State.  In  case  the  person  whose  election  is  con- 
tested is  absent,  or  can  not  be  found,  service  may  be  had  by  leaving 
a  copy  of  such  notice  at  his  usual  place  of  residence. 

14.  TESTIMONY — HOW  TAKEN.]     [§  107,  Ch.  46,  R.  S.]     Whenever 
a  notice  shall  have  been  given  of  intention  to  contest  an  election,  as 
provided  in  the  preceding  section,  either  party  may  proceed  to  take 
testimony  of  any  witness  before  any  judge,  justice  of  the  peace,  clerk 
of  a  court,  master  in  chancery  or  notary  public,  on  giving  to  the  ad- 
verse party,  or  his  attorney,  ten  days'  notice  of  the  time  and  place  of 
taking  the  same,  and  one  day  in  addition  thereto  (Sunday  exclusive) 
for  every  fifty  miles'  travel  from  the  place  of  residence  of  such  party 
to  the  place  where  such  deposition  is  to  be  taken.     If  the  party  en- 
titled to  notice  resides  in  the  county  where  the  deposition  is  to  be  taken, 
five  days'  notice  shall  be  sufficient. 

15.  POWER  OF  OFFICER  TAKING  TESTIMONY.]       [§   IO8,  Ch.  46,  R.  S.] 

The  officer  before  whom  depositions  are  taken  shall  have  power  to 
compel  the  production  of  papers  and  the  attendance  of  witnesses ;  and 
the  same  proceedings  may  be  had  to  compel  the  attendance  of  wit- 
nesses as  are  provided  in  the  case  of  taking  depositions  to  be  used  in 
courts  of  law  and  equity. 

16.  DEPOSITIONS,   ETC.,    TO  BE  SENT    TO   SECRETARY   OF    STATE.] 
[§  109,  Ch.  46,  R.  S.]     A  copy  of  the  notice  to  take  depositions,  with 
proof  of  the  service  thereof,  with  the  deposition,  shall  be  sealed  up 
and  transmitted  by  mail  or  otherwise,  to  the  Secretary  of  State,  with 
an  indorsement  thereon,  showing  the  names  of  the  contesting  parties, 
the  office  contested,  and  the  nature  of  the  papers. 

17.  DELIVERY  OF   NOTICE  OF  CONTEST,   ETC. — DUTY  OF   PRESIDING 
OFFICER.]      [§  no,  Ch.  46,  R.  S.]     The  Secretary  of  State  shall  de- 
liver the  copy  of  the  notice  deposited  with  him  by  the  contestant  and 
the  depositions  unopened  to  the  presiding  officer  of  the  branch  of  the 
General  Assembly  to  which  the  contest  relates  on  or  before  the  second 
day  of  the  session  next  after  the  receipt  of  the  same;  and  the  pre- 
siding officer  shall  immediately  give  notice  to  his  house  that  such  papers 
are  in  his  possession. 

18.  RIGHTS  OF   EITHER  HOUSE  SAVED.]       [§  in,    Ch.  46,    R.  S.] 
Nothing  herein  contained  shall  be  construed  to  abridge  the  right  of 
either  branch  of  the  General  Assembly  to  grant  commissions  to  take 
depositions,  or  to  send  for  and  examine  any  witness  it  may  desire  to 
hear  on  such  trial. 

19.  WHO    MAY    CONTEST    ELECTION    OF   OTHER    OFFICERS.]        [§    112, 

Ch.  46,  R.  S.]  The  election  of  any  person  declared  elected  to  any 
office,  other  than  Governor,  Lieutenant  Governor,  Secretary  of  State, 
Auditor  of  Public  Accounts,  Treasurer,  Superintendent  of  Public 
Instruction,  Attorney  General,  Senator  or  Representative,  may  be  con- 
tested by  an  elector  of  the  State,  judicial  division,  district,  county, 
town  or  precinct  in  and  for  which  the  person  is  declared  elected. 


57 

20.  CONTESTANT  TO  FILE  STATEMENT,  ETC.]     [§  113,  Ch.  46,  R.  S.] 
The  person  desiring  to  contest  such  election  shall,  within  30  days 
after  the  person  whose  election  is  contested  is  declared  elected,  file 
with  the  clerk  of  the  proper  court  a  statement,  in  writing,  setting 
forth  the  points  on  which  he  will  contest  the  election,  which  statement 
shall  be  verified  by  affidavit  in  the  same  manner  as  bills  in  chancery 
may  be  verified. 

21.  SUMMONS.]     [•§  114,  Ch.  46,  R.  S,].    Upon  the  filing  of  such 
statement,  summons  shall  issue  against  the  person  whose  office  is  con- 
tested, and  he  may  be  served  with  process,  or  notified  to  appear,  in  the 
same  manner  as  is  provided  in  cases  in  chancery. 

22.  EVIDENCE.]     [§  115,  Ch.  46,  R.  S.]     Evidence  may  be  taken 
in  the  same  manner  and  upon  like  notice  as  in  cases  in  chancery. 

23.  TRIAL.]      [§  116,  Ch.  46,  R.  S.]     The  case  shall  be  tried  in 
like  manner  as  cases  in  chancery,  and  may  be  heard  and  determined 
by  the  court  in  term  time,  or  by  the  judge  in  vacation,  at  any  time 
not  less  than  ten  (10)   days  after  service  of  process,  or  at  any  time 
after  the  defendant  is  required  by  notification  to  appear,  and  shall  have 
preference  in  the  order  of  hearing  to  all  other  cases.     The  court,  in 
term  time,  or  the  judge,  in  vacation,  may  make  and  enforce  all  neces- 
sary orders  for  the  preservation  and  production  of  the  ballots,  poll 
books,  tally  papers,  returns,   registers  and  other  papers  or  evidence 
that  may  bear  upon  the  contest. 

24.  OTHER  ELECTIONS  CONTESTED.]     [§  117,  Ch.  46,  R.  S.]     Any 
five  electors  of  the  county  may  contest  an  election  upon  any  subject 
which  may  by  law  be  submitted  to  a  vote  of  the  people  of  the  county 
upon  filing  in  the  circuit  court,  within  30  days  after  the  result  of  the 
election  shall  have  been  determined,  a  written  statement  in  like  form 
as   in   other  cases  of   contested  elections   in    the   circuit  court.     The 
county  shall  be  made  defendant,  and  process  shall  be  served  as  in  suits 
against  the  county,  and  like  proceedings  shall  be  had  as  in  other  cases 
of  contested  elections  before  such  court. 

25.  WHEN  ELECTOR  MAY  DEFEND  FOR  COUNTY.]     [§  118,  Ch.  46, 
R.  S.]     In  case  the  county  board  shall  fail  or  refuse  properly  to  de- 
fend such  contest,  the  court  shall  allow  any,  one  or  more  electors  of 
the  county  to  appear  and  defend,  in  which  case  the  electors  so  de- 
fending shall  be  liable  for  the  costs,  in  case  the  judgment  of  the  court 
shall  be  in  favor  of  the  contestants. 

26.  JUDGMENT.]      [§  119,  Ch.  46,  R.  S.]      The   judgment  of  the 
court,  in  cases  of  contested  elections,  shall  confirm  or  annul  the  elec- 
tion, according  to  the  right  of  the  matter ;  or,  in  case  the  contest  is  in 
relation  to  the  election  of  some  person  to  an  office,  shall  declare  as 
elected  the  person  who  shall  appear  to  be  duly  elected. 

27.  TIE.]     [§  120,  Ch.  46,  R.  S.]     If  it  appears  that  two  or  more 
persons  have,  or  would  have  had,  if  the  legal  ballots  cast,  or  intended 
to  be  cast  for  them  had  been  counted,  the  highest,  and  an  equal  num- 
ber of  votes  for  the  same  office,  the  persons  receiving  such  vote  shall 
decide  by  lot,  in  such  manner  as  the  court  shall  direct,  which  of  them 
shall  be  declared  duly  elected;  and  the  judgment  shall  be  entered  ac- 
cordingly. 


58    . 

28.  CERTIFIED  COPY  OF  JUDGMENT.]      [§  121,  Ch.  46,  R.  S.]     A 
certified  copy  of  the  judgment  of  the  court  shall  have  the  same  effect 
as  to  the  result  of  the  election,  as  if  it  had  been  so  declared  by  the  can- 
vassers. 

29.  WHEN  ELECTION    ADJUDGED  VOID.]       [§  122,  Ch.  46,    R.  S.] 
When  the  person  whose  election  is  contested  is  found  to  have  received 
the  highest  number  of  legal  votes,  but  the  election  is  declared  null  by 
reason  of  legal  disqualification  on  his  part,  or  for  other  causes,  the 
person  receiving  the  next  highest  number  of  votes  shall  not  be  de- 
clared elected,  but  the  election  shall  be  declared  void. 

30.  APPEAL.]      [§  123,  Ch.  46,  R.  S.]     In  all  cases  of  contested 
elections  in  the  circuit  courts  or  county  courts,  appeals  may  be  taken 
to  the  Supreme  Court  in  the  same  manner,  and  upon  like  conditions 
as  is  provided  by  law  for  taking  appeals  in  cases  in  chancery  from  the 
circuit  courts. 

31.  BALLOTS  TO  BE  OPENED.]     [§§  60  and  314,  Ch.  46,  R.  S.]     In 
all  cases  of  contested  elections,  the  parties  contesting  the  same  shall 
have    the    right    to    have    the    said    package    of    ballots     opened, 
and    to    have    all    errors    of    the    judges    in    counting    or    refusing 
to  count  any  ballot,  corrected  by  the  court  or  body  trying  such  con- 
test; but  such  ballots  shall  be  opened  only  in  open  court,  or  in  open 
session  of  such  body,  and  in  the  presence  of  the  officer  having  the  cus- 
tody thereof. 

ARTICLE  XIII. 

OFFENSES   AND  PENALTIES. 

1.  LIQUOR.]     [§  79,  Ch.  46,  R.  S.]     No  spirituous,  malt,  vinous  or 
intoxicating  liquor  shall  be  sold  or  given  away  at  retail,  nor  shall  any 
saloon  or  barroom  or  place  where  such  liquor  is  so  sold  or  given  away, 
be  open  upon  any  general  or  special  election  day  within  one  mile  of  the 
place  of  holding  an  election.    Whoever  violates  the  provisions  of  this 
section  shall  be  fined  in  a  sum  not  less  than  $25.00  nor  more  than 
$100.00.     It  shall  be  the  duty  of  the  sheriff,  coroner,  constables  and 
other  officers  of  the  county,  and  magistrates,  to  see  that  the  provisions 
of  this  section  are  enforced. 

2.  FALSE  SWEARING.]     [§  80,  Ch.  46,  R.  S.]     If  any  person  whose 
vote  is  challenged,  or  any  witness  sworn  under  the  provisions  of  this 
Act,  shall  knowingly,  wilfully  and  corruptly  swear  falsely,  he  shall  be 
deemed  guilty  of  perjury,  and  on  conviction  thereof  shall  be  punished 
accordingly. 

3.  REGISTRY.]     [Part  §  142,  Ch.  46,  R.  S.I    Any  person  who  shall 
wilfully  make  to  any  board  of  registry,  any  false  statement  in  rela- 
tion to  his  location,  residence  or  qualification  to  vote,  or  to  be  regis- 
tered at  any  election,  or  in  any  election  precinct  or  district,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be  pun- 
ished with  a  fine  of  $50.00,  or  by  imprisonment  in  the  county  jail  for 
a  period  of  ten  days,  or  by  both  such  fine  and  imprisonment. 


59 

4.  FRAUDULENT    REGISTRATION — FALSE    SWEARING,    ETC.]       [Part 
§  147,  Ch.  46,  R.  S.]     Any  person  who  shall  cause  his  name  to  be 
registered  in  more  than  one  election  district,  or  who  shall  cause  his 
name  to  be  registered,  knowing  that  he  is  not  a  qualified  voter  in  the 
district  where  such  registry  is  made,  or  who  shall  falsely  personate 
any  registered  voter,  and  any  person  causing,  aiding  or  abeting  any 
person,  in  any  manner,  in  either  of  said  Acts,  shall  be  punished,  for 
each  and  every  offense,  by  imprisonment  in  the  State  prison  for  not 
less  than  one  year.     All  intentional  false  swearing  before  said  board 
of  registration  shall  be  deemed  wilful  and  corrupt  perjury,  and,  on 
conviction,  punished  as  such. 

5.  ILLEGAL  VOTING.]     [§  81,  Ch.  46,  R.  S.]     Whoever  unlawfully 
votes  more  than  once  at  any  election,  or  offers  to  vote  after  having 
once  voted  at  such  election,  or  knowing  that  he  is  not  a  qualified  vote* 
at  an   election,   wilfully  votes  at   such   election,   shall,   on   conviction 
thereof,  be  fined  in  a  sum  not  exceeding  $1,000,  or  imprisonment  in 
thd  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  court. 

6.  OTHER  OFFENSES.]      [§  82,  Ch.  49,  R.  S.]     Whoever  wilfully 
aids  or  abets  any  one  not  legally  qualified  to  vote  at  an  election  in 
voting  or  attempting  to  vote  at  such  election ;  or 

Second — Furnishes  an  elector  with  a  ticket  or  ballot,  informing  him 
that  it  contains  a  name  different  from  that  which  appears  thereon, 
with  intent  to  induce  him  to  vote  contrary  to  his  inclination ;  or 

Third — Changes  a  ballot  of  an  elector  with  intent  to  deprive  such 
elector  of  voting  for  such  person  as  he  intended;  or 

Fourth — By  unlawful  means  prevents,  or  attempts  to  prevent,  any 
voter  from  attending  or  voting  at  an  election;  or 

Fifth — Gives,  or  offers  to  give  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  election,  as  a  consideration  for  some  act  to  be  done, 
or  omitted  to  be  done,  contrary  to  his  official  duty  in  relation  to  such 
election,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding 
$1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both  in  the  discretion  of  the  court.  And  any  judge  or  clerk  who  shall 
receive,  request  or  demand  any  bribe  or  reward  forbidden  by  this  act 
shall,  upon  conviction,  be  liable  to  the  same  penalties  as  are  pre- 
scribed in  this  article  for  the  giving,  or  offering  to  give,  such  bribe  or 
reward. 

7.  RECEIVING,  REQUESTING,  ETC.,  BRIBES,  ETC. — UPON  SECOND  OF- 
FENSE.]     [§  83,  Ch.  46,  R.  S.]     Any  person  who  shall  solicit,  request, 
demand  or   receive,   directly  or  indirectly,   any  money,   intoxicating 
liquors  or  other  thing  of  value,  or  the  promise  thereof,   either  to 
influence  his  vote,  or  to  be  used,  or  under  the  pretense  of  being  used, 
to  procure  the  vote  of  any  other  person  or  persons,  or  to  be  used 
at  any  poll  or  other  place  prior  to  or  on  the  day  of  an  election  for 
or  against  any  candidate  for  office,  or  for  or  against  any  measure  or 
question  to  be  voted  upon  at  such  election,  shall  be  deemed  guilty 
of  the  infamous  crime  of  bribery  in  elections  and  upon  conviction 
thereof  in  any  court  of  record,  shall  be  sentenced  to  disfranchisement 
by  the  judge  of  such  court  for  a  term  of  not  less  than  five  nor  more 


6o 

than  fifteen  years,  and  to  the  county  jail  not  less  than  three  months 
nor  more  than  one  year,  and  to  pay  the  costs  of  prosecution  and 
stand  committed  to  the  county  jail  until  such  costs  shall  be  fully 
paid.  That  for  a  conviction  of  a  second  offense  under  this  section, 
the  first  being  alleged  and  proven,  such  second  offender  shall  be  by 
the  sentence  of  the  court,  forever  thereafter  disfranchised  and  deprived 
of  the  right  to  vote  at  an  election  in  this  State,  and  be  imprisoned 
in  the  county  jail  not  less  than  one  year,  and  be  committed  to  jail  in 
default  of  payment  of  costs  of  prosecution  until  such  costs  are  fully 
paid.  Prosecution  may  be  had  under  this  section  by  indictment  in 
the  circuit  court,  or  by  information  in  the  county  courts,  and  the  ef- 
fect of  a  sentence  of  disfranchisement  in  either  of  said  courts,  both 
having  jurisdiction  of  offenses  hereunder,  shall  be  to  deprive  such 
persons  sentenced  of  the  right  to  vote  at  any  general  or  special  elec- 
tion or  town  meeting,  within  this  State  for  the  period  of  time  fixed 
by  the  court  where  such  person  shall  be  convicted  under  this  section. 
Any  candidate  or  other  person  paying,  furnishing  or  promising  to 
pay  or  furnish,  or  bribing  such  person  with  money,  intoxicating  liquor 
or  other  thing  of  value,  or  the  promise  thereof,  shall  not  be  liable 
to  punishment  therefor,  but  shall  be  a  competent  witness  and  com- 
pelled to  testify  in  prosecutions  under  this  section.  Solicitation  by 
any  person  of  a  loan  of  money,  or  the  purchase  of  anything  of  value, 
or  of  liquor  by  the  drink  or  treat  to  influence  or  effect  his  vote,  or  any 
other  subterfuge,  shall  be  deemed  a  violation  hereof. 

8.  PERSONS  DISFRANCHISED.]     [Last  part  §  83,  Ch.  46,  R.  S.]     Any 
person  who  shall  have  been  legally  convicted  and  disfranchised  by  a 
court  of  competent  jurisdiction  who  shall,  before  the  expiration  of  his 
term  of  disfranchisement,  vote  or  offer  to  vote,  at  any  general  or 
special  election  or  town  meeting,  shall,  upon  indictment  and  convic- 
tion thereof  in  a  court  of  competent  jurisdiction,  be  confined  in  the 
penitentiary  for  a  term  of  years  not  less  than  one  nor  more  than  ten. 

9.  DISORDERLY  CONDUCT.]     [§  84,  Ch.  46,  R.  S.]     Whoever  is  dis- 
orderly at  any  election  shall  forfeit  a  sum  not  exceeding  $25. 

10.  BETTING  ON  ELECTION.]     [§  85,  Ch.  46,  R.  S.]     Whoever  bets 
or  wagers   any  money,  property  or  other  valuable  thing  upon  the 
result  of  an  election  which  may  be  held  under  the  Constitution  or 
laws  of  this  State,  or  bets  or  wagers  money,  property  or  other  val- 
uable  thing   upon   the   number  of  votes   which  may  be  given  to  any 
person  at  an  election,  or  upon  who  will  recive  the  greatest  number 
of  votes  at  an  election,  or  agrees  to  pay  any  other  person  any  money, 
property  or  other  valuable  thing  in  the  event  that  an  election  shall 
result  in  one  way,  or  in  the  event  that  any  person  shall  or  shall  not 
be  elected,  or  shall  receive  a  greater  number  of  votes  than  others, 
upon  conviction  thereof  he  shall  be  fined  in  a  sum  not  exceeding  $1,000, 
or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  both,  in  the 
discretion  of  the  court. 

11.  ABSENCE  FOR  VOTING  PURPOSES — EMPLOYER  PREVENTING,  PEN- 
ALTY.]       [Part    §    312,  Ch.  46,  R.  S.]       Any  person  or  corporation 
who  shall  refuse  to  an  employe  the  privilege  of  absenting  himself 
two  hours  from  service  or  employment  for  the  purpose  of  voting,  as 


6i 

provided  in  this  Act,  or  shall  subject  an  employe  to  a  penalty  or  de- 
duction of  wages  because  of  the  exercise  of  such  privilege,  or  who  shall 
directly  or  indirectly  violate  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  fined  in  any  sum  not  less  than 
$5  or  more  than  $100. 

12.  CARRYING  AWAY,  DEFACING,  ETC.,  POLL  BOOKS,  ETC.]     [§  93, 
Ch.  46,  R.  S.]     Whoever  shall,  wilfully  and  wrongfully,  take  or  carry 
away  from  the  place  where  it  has  been  deposited  for  safe  keeping,  or 
deface,  mutilate  or  change  any  poll  book,  ballot  or  tally  list,  or  any 
name  or  figure  therein,  shall,  on  conviction,  be  fined  in  a  sum  not  ex- 
ceeding $1,000.00,  or  imprisoned  in  the  county  jail  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court. 

13.  DESTROYING  POSTED  LISTS,  ETC. — PENALTY.]      [§§  136  and  317, 
Ch.  46,  R.  S.]     Any  person  who  shall,  prior  to  an  election,  wilfully 
take  down  or  destroy  any  list  of  voters  posted  by  any  board  of  reg- 
istration,   or  any  list  of    candidates  posted    in    accordance    with  the 
provisions  of  this  Act,  or  who,  during  an  election,  shall  wilfully  de- 
face, tear  down,  remove  or  destroy  any  card  of  instructions  or  speci- 
men ballots  printed  and  posted  for  the  instruction  of  voters,  or  who 
shall,  during  an  election,  wilfully  remove  or  destroy  any  of  the  sup- 
plies  or   conveniences    furnished   to   enable   voters   to   prepare   their 
ballots,  or  shall  wilfully  hinder  the  voting  of  others,  shall  be  pun- 
ished by  a  fine  of  not  less  than  $10.00  nor  more  than  $100.00. 

14.  DESTROYING,    ETC.,    CERTIFICATE    OF    NOMINATION — SPURIOUS 
BALLOTS,  ETC. — PENALTY.]     [§  318,  Ch.  46,  R.  S.]     Any  person  who 
shall  falsely  make  or  wilfully  destroy  any  certificate  of  nomination  or 
nomination  papers,  or  any  part  thereof ;  or  any  letter  of  withdrawal, 
or  file  any  certificate  of  nomination  or  nomination  papers,  knowing 
the  same  or  any  part  thereof  to  be  falsely  made,  or  suppress  any 
certificate  of  nomination  or  nomination  papers,  or  any  part  thereof, 
which  has  been  duly  filed,  or  forge  or  falsely  make  the  official  en- 
dorsement on   any  ballot,  or  shall  take   from   the  polling  place   any 
official  ballot  or  substitute  therefor  any  spurious  or  counterfeit  bal- 
lot, or  make,  use,  circulate,  or  cause  to  be  made  or  circulated  as  an 
official  ballot  any  paper  printed  in  imitation  or  resemblance  thereof, 
or  wilfully  destroy  or  deface  any  ballot,  or  wilfully  delay  the  delivery 
of  any  ballots,  shall  be  punished  by  a  fine  not  less  than  $100.00  and 
not  exceeding  $1,000.00,  or  by  imprisonment  in  the  penitentiary  not 
less  than  one  year  and  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

15.  ELECTIONEERING   AT   POLLS    PROHIBITED — PENALTY.]      [§  315, 
Ch.  46,  R.  S.]     No  person  whatever  shall  do  any  electioneering  or 
soliciting  of  votes  on  election  day  within  any  polling  place  or  within 
100  feet  of  any  polling  place;  no  person  shall  interrupt,  hinder  or 
oppose  any  voter  while  approaching  the  polling  place  for  the  purpose 
of  voting.     Whoever  shall  violate  the  provisions  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  $25.00  nor  more  than  $100.00 
for  each  and  every  offense;  and  it  shall  be  the  duty  of  the  judges  of 
election  to  enforce  the  provisions  of  this  section. 

16.  UNLAWFUL  EXHIBITION  OF  BALLOT — FALSE  STATEMENT — PEN- 
ALTY.]     [§  316,  Ch.  46,  R.  S.]    Any  voter  who  shall,  except  as  herein 


62 

otherwise  provided,  allow  his  ballot  to  be  seen  by  any  person  with  an 
apparent  intention  of  letting  it  be  known  how  he  is  about  to  vote,  or 
who  shall  make  a  false  statement  as  to  his  inability  to  mark  his  ballot, 
or  any  person  who  shall  interfere,  or  attempt  to  interfere,  with  any 
voter  when  inside  said  enclosed  space,  or  when  marking  his  ballot,  or 
who  shall  endeavor  to  induce  any  voter  before  voting  to  show  how  he 
marks  or  has  marked  his  ballot,  shall  be  punished  by  a  fine  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars,  and  it  shall 
be  the  duty  of  the  election  judges  to  enforce  the  provisions  of  this 
section. 

17.  WHEN  OTHER  PERSON  ASCERTAINS  OR  DISCLOSES  VOTE.]     [§  88, 
Ch.  46,  R.  S.]     If  any  person  shall  wilfully  or  corruptly  ascertain  or 
publish  or  reveal  how  any  elector  voted  at  an  election,  he  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  exceeding  $1,000,  or  imprisoned 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  court. 

BY   ELECTION   OFFICERS. 

18.  OFFENSES  OF  JUDGE' OF  ELECTION.]     [§  86,  Ch.  46,  R.  S.]     If 
any  judge  of  any  election  shall  permit  a  person  to  vote,  whose  vote  is 
challenged,  without  the  proof  required  in  this  Act ;  or 

Second — Shall  knowingly  and  wilfully  permit  a  person  to  testify 
as  a  witness  contrary  to  the  provisions  of  this  Act ;  or 

Third — Shall  knowingly  permit  a  person  to  vote  who  is  not  quali- 
fied according  to  law ;  or 

Fourth — shall  knowingly  receive  and  count  more  than  one  vote 
from  the  same  person  at  the  same  election  for  the  same  officer,  except 
as  allowed  by  law;  or 

Fifth — Shall  refuse  to  receive  the  vote  of  a  qualified  elector  at  such 
election  who  will  make  the  affidavit  and  proof  required  by  this  Act ;  or 

Sixth — Shall  be  guilty  of  any  fraud,  corruption,  partiality  or  mani- 
fest misbehavior;  or 

Seventh — Shall  open  or  unfold  any  ballot  when  the  same  is  pre- 
sented to  be  deposited  in  the  ballot  box;  or 

Eighth — Shall  wilfully  neglect  to  perform  any  of  the  duties  re- 
quired of  him  by  this  Act,  shall,  on  conviction  thereof,  be  fined  in  a 
sum  not  exceeding  $1,000,  or  imprisoned  in  the  county  jail  not  ex- 
ceeding one  year,  or  both,  in  the  discretion  of  the  court. 

19.  WHEN  JUDGE  OR  CLERK  ASCERTAINS  OR  DISCLOSES  VOTE.]      [§ 
87,  Ch.  46,  R.  S.]     If  any  judge  or  clerk  of  election  shall  wilfully 
or  corruptly  ascertain  by  comparison  of  the  poll  book  with  the  ballot,  or 
shall  allow  any  other  person  to  ascertain  by  such  comparison  or  other- 
wise, or  shall  wilfully  publish  or  reveal  how  any  elector  voted  at  an 
election,  he  shall,  on  conviction  thereof,  be  fined  in  any  sum  not  ex- 
ceeding $1,000,  or  imprisoned  in  the  county  jail  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court. 

20.  NEGLECT  OF  DUTY  BY  CLERK.]     [§  89,  Ch.  46,  R.  S.]     If  any 
clerk  of  an  election  shall  wilfully  neglect  to  perform  any  duty  re- 
quired of  him  as  clerk  of  election,  or  shall  be  guilty  of  fraud,  corrup- 
tion or  misbehavior  as  such  clerk,  he  shall,  on  conviction,  be  fined  in 


63 

a  sum  not  exceeding  $500,  or  imprisoned  in  the  county  jail  not  ex- 
ceeding six  months,  or  both,  in  the  discretion  of  the  court. 

21.  FAILURE  TO  DELIVER  POLL  BOOKS,  ETC.]      [§  90,  Ch.  46,  R.  S.] 
If  any  judge,  clerk  or  messenger,  after  having  been  deputed  by  the 
judges  of  election  to  carry  the  poll  books,  tally  list,  and  votes  of  such 
election  to  the  place  where,  by  law,  they  are  required  to  be  canvassed, 
wilfully  or  negligently  fails  to  deliver  such  poll  books,  tally  list  or 
ballots  within  the  time  prescribed  by  law,  with  the  seal  unbroken,  he 
shall,  upon  conviction,  be  fined  in  a  sum  not  exceeding  $500,  or  im- 
prisoned in  the  county  jail  not  exceeding  six  months,  or  both,  in  the 
discretion  of  the  court. 

22.  NEGLECT  BY  COUNTY  CLERK.]      [§  91,  Ch.  46,  R.  S.]       If  the 
county  clerk  wilfully  neglects  or  refuses  to  perform  any  duty  required 
of  him  by  this  Act,  he  shall,  upon  conviction,  be  fined  in  a  sum  not 
exceeding  $500,  and  shall  be  liable  to  the  person  injured  by  reason  of 
such  neglect  or  refusal,  in  an  amount  not  exceeding  $500,  to  be  recov- 
ered in  an  action  on  the  case. 

23.  FRAUD  IN  CANVASSING.]      [§  92,  Ch.  46,  R.  S.]     If  any  county 
clerk  or  justice  of  the  peace  shall  be  guilty  of  any  fraud,  corruption 
or  misbehavior,  in  canvassing  the  votes  or  making  any  abstract  of 
votes  or  issuing  any  certificate  of  election,  he  shall,  on   conviction, 
be  fined  in  any  sum  not  exceeding  $500,  or  imprisoned  in  the  county 
jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court. 

24.  REFUSAL  OF  SUPERVISOR,  ETC.,  TO  ACT — PENALTY.]      [§  93^, 
Ch.  46,  R.  S.]     If  any  supervisor,  county  commissioner,  or  member  of 
any  county  board,  shall  wilfully  refuse,  neglect  or  fail  to  do  any  Act, 
or  perform  any  duty  required  of  him  by  the  election  laws  of  this  State, 
he  shall  be  deemed  guilt  of  a  misdemeanor,  and,  upon  conviction  fined 
not  exceeding  $500,  or  imprisoned  in  the  county  jail  not  exceeding 
six  months,  or  both,  in  the  discretion  of  the  court. 

25.  NEGLECT  OF  OFFICER  TO  PERFORM  DUTIES.]      [§  319,  Ch.  46, 
R.  S.]     Any  public  officer  upon  whom  a  duty  is  imposed  by  this  Act 
[June  22,  1891],  who  shall  wilfully  neglect  to  perform  such  duty,  or 
who  shall  wilfully  perform  it  in  such  way  as  to  hinder  the  object  of 
this  Act,  shall  be  punished  by  a  fine  of  not  less  than  $5.00  nor  more 
than  $1,000.00,  or  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year,  and  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

26.  PENALTY  FOR  MISCONDUCT  OF  BOARD  OF  REGISTRATION.]      [§ 
147,  Ch.  46,  R.  S.]     If  any  member  or  officer  of  any  board  of  regis- 
tration shall  wilfully  violate  any  of  the  provisions  of  this  Act  [July 
15,  1865],  or  be  guilty  of  any  fraud'  in  the  execution  of  the  duties  of 
his  office,  he  shall  be  punished  for  each  and  every  offense  by  imprison- 
ment in  the  State  prison  for  not  less  than  one  year. 

27.  REPEAL.]      [§  322,  Ch.  46,  R.  S.]     This  Act  shall  not  repeal 
an  Act  entitled,  "An  Act  regulating  the  holding  of  elections  and  de- 
claring the  results  thereof  in  cities,  villages  and  incorporated  towns," 
approved  June  19,  1885,  or  any  of  the  amendments  thereto;  but  all 
elections  in  cities,  villages  and  incorporated  towns  which  may  have 
heretofore  adopted  or  which  may  hereafter  adopt  the  said  Act,  shall 


64 

be  held  in  accordance  with  the  provisions  thereof.  Except  as  to  the 
manner  of  making  nominations  for  office,  the  manner  of  providing 
printing  and  distributing  ballots,  the  form  of  ballot,  the  arrangement 
and  the  furnishing  of  polling  places  and  voting  booths,  and  the  man- 
ner of  voting  and  the  numbering  and  preserving  the  ballots,  all  of 
which  shall  be  in  conformity  with  the  provisions  of  this  Act.  No  pen- 
alty provided  for  a  violation  of  any  of  the  provisions  of  this  Act  shall 
be  construed  as  a  substitute  for,  or  a  repeal  of  any  penalty  provided 
in  the  aforesaid  Act  of  June  19,  1885,  for  a  violation  of  any  of  the 
provisions  of  said  Act. 

ARTICLE  XIV. 

RESIGNATIONS  AND  VACANCIES. 

1.  OF  ELECTIVE  OFFICERS.]      [§  124,  Ch.  46,  R.  S.]     Resignations 
of  elective  offices  shall  be  made  to  the  officer,  court  or  county  board 
authorized  by  law  to  fill  a  vacancy  in  such  office  by  appointment,  or 
to  order  an  election  to  fill  such  vacancy. 

2.  WHEN    OFFICE    BECOMES    VACANT.]       [§  125,    Ch.  46,    R.  S.] 
Every  elective  office  shall  become  vacant  on  the  happening  of  either  of 
the  following  events  before  the  expiration  of  the  term  of  such  office ; 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  State,  or,  if  the  office 
is  local,  his  ceasing  to  be  an  inhabitant  of  the  district,  county,  town 
or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  any  offense  in- 
volving a  violation  of  official  oath. 

Sixth — His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office,  or  to  give 
or  renew  his  official  bond,  or  to  deposit  or  file  such  oath  or  bond  within 
the  time  prescribed  by  law. 

Eighth — The  decision  of  a  competent  tribunal  declaring  his  elec- 
tion void. 

3.  WHO    MAY    DETERMINE    WHEN    VACANCY    EXISTS.]        [g    126,    Ch, 

46,  R.  S.]  Whenever  it  is  alleged  that  a. vacancy  in  any  office  exists, 
the  officer,  court  or  county  board,  whose  duty  it  is  to  fill  the  vacancy 
by  appointment,  or  to  order  an  election  to  fill  such  vacancy,  shall  have 
power  to  determine  whether  or  not  the  facts  occasioning  such  va- 
cancy exist. 

4.  GOVERNOR  AND  LIEUTENANT  GOVERNOR  VACANT.]      [§   127,  Ch. 
46,  R.  S.]    In  case  of  vacancies  in  the  offices  of  Governor  and  Lien- 
tenant  Governor,  the  officer  performing  the  duties  of  the  office  of 
Governor,  or  if  there  is  no  such  officer,  the  Secretary  of  State  shall 
issue  a  proclamation  appointing  a  day  for  a  special  election  to  fill  such 
vacancies,  and  shall  issue  a  writ  of  election  to  the  county  clerks  of  the 
several  counties  in  the  State,  and  shall  also,  when  necessary  call  a 
special  session  of  the  General  Assembly  to  canvass  the  votes  cast  at 
such  election;  but  if  such  vacancy  shall  occur  not  more  than  ninety 
(90)  days  before  a  general  election  for  members  of  the  Legislature, 
the  vacancy  shall  be  filled  at  such  general  election,  in  which  case  no 


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special   session   of   the   General   Assembly   to  canvass  votes   shall  be 
deemed  necessary. 

5.  STATE  TREASURER  AND  AUDITOR.]      [§  4,  Ch.   15  and  §  4,  Ch. 
130,  R.  S.]     If  any  person  elected  to  the  office  of  State  Treasurer  or 
Auditor  of  Public  Accounts  shall  fail  to  give  bond  or  take  the  oath  re- 
quired of  him  within  ten  days  after  he  is  declared  elected,  the  office 
shall  be  deemed  vacant,  and  if  the  Treasurer  or  Auditor  of  Public  Ac- 
counts, being  required  by  the  Governor  to  give  additional  bond  fails 
to  do  so  within  twenty  days  after  such  requirement,  his  office  may,  in 
the  discretion  of  the  Governor,  be  declared  vacant  and  filled  as  pro- 
vided by  law. 

6.  OTHER  STATE  OFFICERS.]     [§  128,  Ch.  46,  R.  S.]     When  a  va- 
cancy shall  occur  in  the  office  of  Secretary  of  State,  Auditor  of  Public 
Accounts,  Treasurer,  Attorney  General,  Superintendent  of  Public  In- 
struction or  member  of  the  State  Board  of  Equalization,  the  Governor 
shall  fill  the  same  by  appointment,  and  the  appointee  shall  hold  his 
office  during  the  remainder  of  the  term,  and  until  his  successor  is 
elected  and  qualified. 

7.  SENATOR  OR  REPRESENTATIVE.]     [§  129,  Ch.  46,  R.  S.]     When 
a  vacancy  shall  occur  in  the  office  of  Senator  or  Representative  in  the 
General  Assembly,    it  shall  be  the  duty  of-   the  county   clerk  of   the 
county  in  which  the  member  whose  office  is  vacant  resided,  to  notify 
the  Governor  of  such  vacancy.     Whereupon  the  Governor  shall  issue 
a  writ  of  election  to  the  county  clerk  or  clerks  of  the  county  or  coun- 
ties in  which  the  vacancy  is  to  be  filled,  fixing  a  day  upon  which  an 
election  shall  be  held  to  fill  such  vacancy ;  but  unless  the  General  As- 
sembly shall  be  in  session  at  the  time  the  vacancy  occurs,  or  there 
shall  be  a  session  between  the  time  vacancy  occurs  and  the  next  suc- 
ceeding general  election,  no  special  election  shall  be  ordered  to  fill 
such  vacancy. 

8.  REPRESENTATIVES  IN  CONGRESS.]     [§  130,  Ch.  46,  R.  S.]     When 
any  vacancy  shall  occur  in  the  office  of  Representative  in  Congress 
from  this  State,  the  Governor  shall   issue  a  writ  of  election  to  the 
county  clerks  of  the  several  counties  in  the  district  where  the  vacancy 
exists,  appointing  a  day  to  hold  a  special  election  to  fill  such  vacancy. 

9.  JUDGES.]     [§  131,  Ch.  46,  R.  S.]     When  a  vacancy  shall  occur 
in  the  office  of  Judge  of  the  Supreme  Court,  judge  of  the  circuit  court, 
judge  of  the  Superior  Court  of  Cook  county,  or  judge  of  the  county 
court,  the  clerk  of  the  court  in  which  the  vacancy  exists,  shall  notify 
the  Governor  of  such  vacancy.    If  such  vacancy  shall  occur  within  one 
year  before  the  expiration  of  the  term  of  the  office,  made  vacant,  the 
Governor  shall  fill  such  vacancy  by  appointment ;  but  if  the  unexpired 
term  exceeds  one  year,  the  Governor  shall  issue  a  writ  of  election  as 
in  other  cases  of  vacancies  to  be  filled  by  election. 

10.  CLERKS  OF  COURTS.]     [§  132,  Ch.  46,  R.  S.]     When  a  vacancy 
shall  occur  in  the  office  of  the  clerk  of  the  Supreme  Court,  or  in  the 
office  of  clerk  of  the  Superior  Court  of  Cook  county,  or  clerk  of  the 
circuit  court  of  any  of  the  counties  of  this  State,  and  the  unexpired 
term  of  such  clerk  shall  exceed  one  year,  it  shall  be  the  duty  of  the 

—5  E 


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court,  or,  if  in  vacation,  of  the  judge  or  judges  of  the  court  in  which 
such  vacancy  may  occur,  to  appoint  a  clerk  pro  tempore;  and  such 
appointee  shall  qualify  in  the  same  manner,  and  give  bond  as  required 
by  law  of  the  clerk  of  the  court  to  which  he  is  appointed,  to  be  ap- 
proved by  the  court,  or,  if  in  vacation,  by  the  judge  or  judges  making 
the  appointment;  and  thereupon  such  appointee  shall  be  authorized 
to  perform  all  duties  and  receive  all  emoluments  allowed  by  law  to  the 
duly  elected  clerk  of  such  court,  and  shall  hold  such  office  until  an 
election  can  be  held  to  fill  the  same,  and  until  the  person  so  elected 
shall  have  qualified  according  to  law.  Whenever  an  appointment  shall 
be  made,  as  provided  by  this  Act,  it  shall  be  the  duty  of  the  court,  or 
the  judge  or  judges  making  such  appointment,  to  notify  the  Governor 
forthwith  of  the  vacancy  filled  by  such  appointment ;  and  upon  receiv- 
ing such  notice  it  shall  be  the  duty  of  the  Governor,  as  soon  thereafter 
as  may  be  practicable,  to  issue  a  writ  of  election  as  in  other  cases  of  va- 
cancies to  be  filled  by  election,  in  the  same  manner  as  if  no  appointment 
had  been  made ;  and  when  any  such  vacancy  shall  occur,  and  the  un ex- 
pired term  does  not  exceed  one  year,  such  vacancy  shall  be  filled  by 
appointment  by  the  court  to  which  such  office  appertains,  or  by  the 
judge  or  judges  thereof. 

11.  COUNTY  OFFICERS,  PRECINCT  OFFICERS,  ETC.]      [§  133,  Ch.  46, 
R.  S.]     When  a  vacancy  shall  occur  in  the  office  of  county  commis- 
sioner, State's  attorney,    sheriff,    coroner,  county    clerk,    recorder  of 
deeds,  county  treasurer,  county  surveyor,   justice  of  the  peace,  con- 
stable,  or   other   county   or   precinct   officer    not   otherwise    provided 
for  by  law,  within  one  year  before  the  expiration  of  the  term  of  such 
vacant  office,  the  vacancy  shall  be  filled  by  appointment  by  the  county 
board  of  the  county  in  which  the  vacancy  exists;  but  if  such  tin- 
expired  term  exceeds  one  year,   the  county   clerk,   or,   in  case   of  a 
vacancy  in  his  office,  the  chairman  of  the  county  board,  shall  issue  an 
order  appointing  a  day  for  an  election  to  fill  such  vacancy,  and  cause' 
notice  thereof  to  be  given  as  in  other  cases  of  election. 

12.  COUNTY  SUPERINTENDENT.]     [§  14,  Ch.  122,  R.  S.]     When  the 
office   of   county   superintendent   of   schools   shall   become   vacant   by 
death,  resignation,  the  removal  of  the  incumbent  by  the  county  board 
or  otherwise,  the  county  board  shall  fill  such  vacancy  by  appointment, 
and  the  person  so  appointed  shall  hold  his  office  until  the  next  election 
of  county  officers,  at  which  election  the  county  board  shall  order  the 
election  of  a  successor :   Provided,  that  if  a  vacancy  shall  not  be  filled 
by  the  county  board  within  thirty  days  of  the  time  the  vacancy  occurs 
by  reason  of  a  tie  vote  of  said  board  upon  the  vote  to  fill  the  vacancy, 
or  from  any  other  cause,  then  it  shall  be  the  duty  of  the  clerk  to  the 
county  board  to  summons  the  county  judge  of  the  county  in  which  the 
vacancy  exists  to  meet  with  the  county  board  at  a  time  and  place  to 
be  designated  by  the  clerk,   of  which  meeting  the  members   of  the 
county  board  shall  have  notice;  and  said  county  board  and  county 
judge,  when  so  notified,  shall  meet  at  the  time  and  place  designated, 
of  [at]  which  meeting  the  county  judge  shall  preside,  and  in  case  of 
a  tie  vote  he  shall  give  the  casting  vote.     Upon  the  appointment  of  a 
person  t®  fill  the  vacancy  of  county  superintendent  of  schools,  the 


67 

clerk  of  the  county  board  shall  notify  the  person  so  selected  and  ap- 
pointed by  the  board  of  his  selection  and  appointment,  and  he  shall  hold 
his  office  until  the  next  election  of  county  officers,  at  which  election  the 
county  board  shall  order  the  election  of  a  successor. 

13.  JUSTICE  OF  THE  PEACE  AND  CONSTABLE.]     [§  7,  Ch.  79,  R.  S.] 
When  a  vacancy  occurs  in  the  office  of  a  justice  of  the  peace  or  con- 
stable, by  death,  resignation,  removal  from  the  town  or  precinct,  or 
other  cause,  if  the  unexpired  term  exceeds  one  year  his  office  shall  be 
filled  by  special  election ;  and  it  shall  be  the  duty  of  the  town  clerk  in 
counties  under  township  organization,  and  county  clerks  in  counties 
not  under  township  organization,  in  case  of  such  vacancy,  to  issue  his 
order  to  the  judges  of  election  of  the  proper  town  or  precinct,  requir- 
ing them,  on  a  certain  day  therein  named,  not  less  than  20  days  from 
the  issuing  of  such  order,  to  hold  an  election  to  fill  such  vacancy ;  and 
at  the  same  time  the  county  or  town  clerk  shall  deliver  to  such  judges 
three  copies  of  a  notice  of  such  election,  two  of  which  notices  shall  be 
posted  up  in  such  town  or  precinct  in  two  public  places  therein ;  and  an 
election  shall  be  held  pursuant  to  such  order,  and  conducted  as  other 
elections.    If  the  unexpired  term  of  his  office  does  not  exceed  one  year, 
the  vacancy  shall  be  filled  by  appointment  by  the  county  board. 

14.  JUDGE  OF  CITY  COURTS.]     [§  244,  Ch.  37,  R.  S.]     Vacancies  in 
the  office  of  judge  of  city  courts  shall  be  filled  for  the  unexpired  term, 
at  a  special  election,  to  be  called  and  held  by  the  same  authority  and  in 
the  same  manner  that  other  city  elections  may  be  held,  where  such  un- 
expired term  exceeds  one  year;  but  where  the  same  does  not  exceed 
one  year,  such  vacancy  shall  be  filled  by  appointment  by  the  Governor. 

15.  TO    WHAT   ELECTIONS    THIS    ACT    MAY    APPLY.]        [§    134,    Ch.    46, 

R.  S.]  The  provisions  of  this  article  shall  apply,  as  far  as  practi- 
cable, to  all  elections  in  this  State,  whether  general,  special,  local  or 
municipal,  except  so  far  as  they  are  modified  or  contravened  by  other 
legal  enactments. 

ARTICLE  XV. 

CONGRESSIONAL  APPORTIONMENT 

(Act  of  1901) 

i.  DISTRICTS.]  [§  150,  Ch.  46,  R.  S.]  The  State  of  Illinois  be 
and  the  same  hereby  is  apportioned  into  25  congressional  districts,  and 
that  the  same  are  hereby  established  and  shall  be  respectively  composed 
as  herein  set  forth,  to-wit: 

The  FIRST  district  shall  be  composed  of  the  First  ward,  the  Second 
ward,  that  part  of  the  Third  ward  east  of  the  center  line  of  Stewart 
avenue,  that  part  of  the  Fourth  ward  lying  east  of  the  center  line  of 
Hoisted  street,  that  part  of  the  Sixth  ward  north  of  the  center  line  of 
Forty-third  street,  all  in  the  city  of  Chicago. 

The  SECOND  district  shall  be  composed  of  that  part  of  the  Sixth 
ward  south  of  the  center  line  of  Forty-third  street,  the  Seventh  ward, 
the  Eighth  ward,  and  the  Thirty-third  ward,  in  the  city  of  Chicago. 

The  THIRD  district  shall  be  composed  of  the  towns  of  Lemont, 
Palos,  Worth,  Orland,  Bremen,  Thornton,  Rich,  Bloom  and  Calumet 
in  Cook  county,  and  that  part  of  the  Twenty-ninth  ward  south  of  the 
center  line  of  Fifty-first  street,  that  part  of  the  Thirtieth  ward  south 


68 

of  the  center  line  of  Fifty-first  street,  the  Thirty-first  ward  and  the 
Thirty-second  ward,  in  the  city  of  Chicago. 

The  FOURTH  district  shall  be  composed  of  that  part  of  the  Third 
ward  lying"  west  of  the  center  line  of  Stewart  avenue,  that  part  of  the 
Fourth  ward  lying  west  of  the  center  line  of  Halsted  street,  the  Fifth 
ward,  that  part  of  the  Eleventh  ward  south  of  the  center  line  of 
Twenty-second  street,  that  part  of  the  Twelfth  ward  lying  south  of 
the  center  line  of  Twenty-second  street,  that  part  of  the  Twenty-ninth 
ward  north  of  the  center  line  of  Fifty-first  street,  and  that  part  of  the 
Thirtieth  ward  north  of  the  center  line  of  Fifty-first  street,  in  the  city 
of  Chicago. 

The  FIFTH  district  shall  be  composed  of  the  Ninth  ward,  the  Tenth 
ward,  that  part  of  the  Eleventh  ward  north  of  the  center  line  of 
Twenty-second  street,  and  that  part  of  the  Twelfth  ward  north  of  the 
center  line  of  Twenty-second  street,  in  the  city  of  Chicago. 

The  SIXTH  district  shall  be  composed  of  the  towns  of  Proviso,  Cicero, 
Riverside,  Stickney  and  Lyons,  in  Cook  county,  and  the  Thirteenth 
ward,  the  Twentieth  ward,  the  Thirty-fourth  ward,  and  that  part  of 
the  Thirty-fifth  ward  south  of  the  south  line  of  the  right  of  way  of 
the  Chicago  and  Northwestern  Railway  Company,  in  the  city  of 
Chicago. 

The  SEVENTH  district  shall  be  composed  of  the  towns  of  Hanover, 
Schaumberg,  Elk  Grove,  Maine,  Leyden,  Harrington,  Palatine, 
Wheeling  and  Norwood  Park,  in  Cook  county,  the  Fourteenth  ward 
that  part  of  the  Fifteenth  ward  west  of  the  center  line  of  Robey  street 
the  Twenty-seventh  ward,  the  Twenty-eighth  ward,  and  that  part  of 
the  Thirty-fifth  ward  north  of  the  south  line  of  the  right  of  way  of 
the  Chicago  and  Northwestern  Railway  Company,  in  the  city  of 
Chicago. 

The  EIGHTH  district  shall  be  composed  of  that  part  of  the  Fifteenth 
ward  east  of  the  center  line  of  Robey  street,  the  Sixteenth  ward,  the 
Seventeenth  ward,  the  Eighteenth  ward  and  the  Nineteenth  ward,  in 
the  city  of  Chicago. 

The  NINTH  district  shall  be  composed  of  the  Twenty-first  ward,  the 
Twenty-second  ward,  that  part  of  the  Twenty-third  ward  east  of  the 
center  line  of  Halsted  street,  and  that  part  of  the  Twenty-fifth  ward 
south  of  the  center  line  of  Graceland  avenue,  in  the  city  of  Chicago. 

The  TENTH  district  shall  be  composed  of  that  part  of  the  Twenty- 
third  ward  west  of  the  center  line  of  Halsted  street,  the  Twenty-fourth 
ward,  that  part  of  the  Twenty-fifth  ward  north  of  the  center  line  of 
Graceland  avenue  and  the  Twenty-sixth  ward,  in  the  city  of  Chicago ; 
also  the  towns  of  Evanston,  Niles,  New  Trier  and  Northfield  in  Cook 
county,  and  the  county  of  Lake. 

The  ELEVENTH  district  shall  be  composed  of  the  counties  of  DuPaps, 
Kane,  McHenry  and  Will. 

The  TWELFTH  district  shall  be  composed  of  the  counties  of  Boone, 
DeKalb,  Grundy,  Kendall,  LaSalle  and  Winnebago. 

The  THIRTEENTH  district  shall  be  composed  of  the  counties  of  Car- 
roll, JoDaviess,  Lee,  Ogle,  Stephenson  and  Whiteside. 

The  FOURTEENTH  district  shall  be  composed  of  the  counties  of  Han- 
cock, Henderson,  McDonough,  Mercer,  Rock  Island  and  Warren. 


69 

The  FIFTEENTH  district  shall  be  composed  of  the  counties  of  Adams, 
Fulton,  Henry,  Knox  and  Schuyler. 

The  SIXTEENTH  district  shall  be  composed  of  the  counties  of  Bureau, 
Marshall,  Peoria,  Putnam,  Stark  and  Tazewell. 

The  SEVENTEENTH  district  shall  be  composed  of  the  counties  of 
Ford,  Livingston,  Logan,  McLean  and  Woodford. 

The  EIGHTEENTH  district  shall  be  composed  of  the  counties  of  Clark, 
Cumberland,  Edgar,  Iroquois,  Kankakee  and  Vermilion. 

The  NINETEENTH  ;  district  shall  be  composed  of  the  counties  of 
Champaign,  Coles,  DeWitt,  Douglas,  Macon,  Moultrie,  Shelby  and 
Piatt. 

The  TWENTIETH  district  shall  be  composed  of  the  counties  of  Brown, 
Calhoun,  Cass,  Greene,  Jersey,  Mason,  Menard,  Morgan,  Pike  and 
Scott. 

The  TWENTY-FIRST  district  shall  be  composed  of  the  counties  of 
Christian,  Macoupin,  Montgomery  and  Sangamon. 

The  TWENTY-SECOND  district  shall  be  composed  of  the  counties  of 
Bond,  Madison,  Monroe,  St.  Clair  and  Washington. 

The  TWENTY-THIRD  district  shall  be  composed  of  the  counties  of 
Clinton,  Crawford,  Efrmgham,  Fayette,  Jasper,  Jefferson,  Lawrence, 
Marion,  Richland  and  Wabash. 

The  TWENTY-FOURTH  district  shall  be  composed  of  the  counties  of 
Clay,  Edwards,  Gallatin,  Hamilton,  Hardin,  Johnson,  Massac,  Pope, 
Saline,  Wayne  and  White. 

The  TWENTY-FIFTH  district  shall  be  composed  of  the  counties  of 
Alexander,  Franklin,  Jackson,  Perry,  Pulaski,  Randolph,  Union  and 
Williamson. 

2.  ONE    REPRESENTATIVE    FROM    EACH    DISTRICT.]        [§    151,    Cti.    46, 

R.  S.]  One  Representative  to  the  Congress  of  the  United  States  shall 
be  elected  in  each  of  the  districts  before  enumerated  on  the  Tuesday 
after  the  first  Monday  of  November,  in  the  year  of  our  Lord  one 
thousand  nine  hundred  and  two  (1902),  and  one  in  each  of  said  dis- 
tricts every  two  years  thereafter;  such  election  shall  be  held,  and  the 
returns  thereof  made  and  canvassed,  in  the  manner  provided  by  law. 

3.  DEFINES  WARD  IN  CHICAGO.]      [§  1510,  Ch.  46,  R.  S.]     When- 
ever the  word  "ward"  or  "wards,"  in  the  city  of  Chicago,  are  used  in 
this  Act,  they  shall  be  construed  as  meaning  the  wards  as  existing  in 
said  city  at  the  time  of  the  passage  of  this  Act. 

4.  REPEAL.]      [§  151^  Ch.  46,  R.  S.]     An  Act  entitled  "An  Act 
to  apportion  the  State  of  Illinois  into  twenty-two  Congressional  dis- 
tricts, and  establish  the  same,  and  provide  for  the  election  of  Repre- 
sentatives therein,"  approved  June  9,  1893,  in  force  July  I,  1893,  is 
hereby  repealed. 

ARTICLE  XVI. 

SENATORIAL  AND  REPRESENTATIVE  APPORTIONMENT. 

(Act  of  1901.) 

i.  APPORTIONMENT.]  [§  152,  Ch.  46,  R.  S.]  That  until  the  taking 
and  return  of  the  next  federal  census  and  the  apportionment  there- 
under, as  provided  in  the  Constitution,  the  State  shall  be  divided  into 


70 

Senatorial  districts ;  each  of  which  shall  be  entitled  to  one  Senator  and 
three  Representatives  as  follows,  to-wit: 

First — The  First  and  Second  wards  in  the  city  of  Chicago,  in  the 
county  of  Cook,  shall  constitute  the  First  district. 

Second — That  part  of  the  Eleventh  ward  lying  north  of  the  center 
line  of  Sixteenth  street ;  that  part  of  the  Twelfth  ward  lying  north  of 
the  center  line  of  Sixteenth  street  and  east  of  the  center  line  of  Cali- 
fornia avenue,  and  the  Twentieth  ward  in  the  city  of  Chicago,  in  the 
county  of  Cook,  shall  constitute  the  Second  district. 

Third — The  Third  ward,  that  part  of  the  Fourth  ward  lying  east  of 
the  center  line  of  Halsted  street,  and  that  part  of  the  Fifth  ward 
bounded  as  follows:  Beginning  at  the  intersection  of  Thirty-third 
street  and  Union  avenue,  and  running  south  along  the  center  line  of 
Union  avenue  to  the  center  line  of  Thirty-fifth  street,  thence  running 
east  along  the  center  line  of  Thirty-fifth  street  to  the  center  line  of 
Parnell  avenue,  thence  running  north  along  the  center  line  of  Par- 
nell  avenue  td  the  center  line  of  Thirty-third  street,  thence  running 
west  along  the  center  line  of  Thirty-third  street  to  the  place  of  be- 
ginning, and  that  part  of  the  Sixth  ward  lying  north  of  the  center 
line  of  Forty-third  street,  said  center  line  being  extended  easterly  to 
Lake  Michigan,  in  the  city  of  Chicago,  in  the  county  of  Cook,  shall 
constitute  the  Third  district. 

^Fourth — The  Twenty-ninth  and  Thirtieth  wards,  and  that  part  of 
the  Thirty-first  ward  lying  north  of  the  center  line  of  Fifty-seventh 
place  and  east  of  the  east  line  of  the  right  of  way  of  the  Chicago, 
Rock  Island  &  Pacific  Railway  Company,  in  the  city  of  Chicago,  in 
the  county  of  Cook,  shall  constitute  the  Fourth  district. 

Fifth — The  Sixth  ward,  except  that  part  thereof  lying  north  of  the 
center  line  of  Forty-third  street,  said  center  line  being  extended 
easterly  to  Lake  Michigan,  and  the  Seventh  ward,  except  that  part 
thereof  lying  south  of  the  center  line  of  Sixty-third  street,  said  center 
line  being  extended  easterly  to  Lake  Michigan,  and  east  of  the  center 
line  of  Cottage  Grove  avenue,  in  the  city  of  Chicago,  in  the  county 
of  Cook,  shall  constitute  the  Fifth  district. 

Sixth — The  Twenty-fourth  ward,  that  part  of  the  Twenty-fifth 
ward  lying  north  of  the  center  line  of  Devon  avenue,  that  part  of 
the  Twenty-third  ward  lying  west  of  the  center  line  of  Halsted 
street,  and  the  Twenty-sixth  ward  in  the  city  of  Chicago ;  also 
all  that  part  of  the  town  of  Evanston  lying  outside  of  the  city  of 
Chicago,  and  those  parts  of  the  towns  of  Niles  and  New  Trier  lying 
within  the  city  of  Evanston,  all  in  the  county  of  Cook,  shall  consti- 
tute the  Sixth  district. 

Seventh — The  towns  of  Thornton,  Bloom,  Rich,  Bremen,  Orland, 
Lemont,  Palos,  Worth,  Lyons,  Stickney,  Proviso,  Leyden,  Elk  Grove, 
Schaumberg,  Hanover,  Barrington,  Palatine,  Wheeling,  Northfield, 
that  part  of  the  town  of  New  Trier  lying  outside  of  the  city  of  Evans- 
ton,  that  part  of  the  town  of  Niles  lying  outside  of  the  city  of  Chi- 
cago and  outside  of  the  city  of  Evanston,  and  those  parts  of  the  towns 
of  Norwood  Park  and  Maine  lying  outside  of  the  city  of  Chicago,  all 
in  the  county  of  Cook,  shall  constitute  the  Seventh  district. 

Eighth — The  counties  of  Lake,  McHenry  and  Boone,  shall  consti- 
tute the  Eighth  district. 


Ninth — That  part  of  the  Fourth  ward  lying  west  of  the  center  line 
of  Halsted  street,  the  Fifth  ward,  except  that  part  bounded  as  fol- 
lows: Beginning  at  the  intersection  of  Thirty-third  street  and 
Union  avenue  and  running  along  the  center  line  of  Union  avenue  to 
the  center  line  of  Thirty-fifth  street,  thence  running  east  along  the 
center  line  of  Thirty-fifth  street  to  the  center  line  of  Parnell  avenue, 
thence  running  north  along  the  center  line  of  Parnell  avenue  to  the 
center  line  of  Thirty-third  street,  thence  running  west  along  the  cen- 
ter line  of  Thirty-third  street  to  the  place  of  beginning,  and  that  part 
of  the  Twelfth  ward  lying  south  and  east  of  a  line  beginning  at  the 
intersection  of  Hoyne  avenue  and  Sixteenth  street  and  running  west 
along  the  center  line  of  Sixteenth  street  to  the  center  line  of  Cali- 
fornia avenue,  thence  running  south  lalong  the  center  line  of  Cali- 
fornia avenue  to  the  north  line  of  the  right  of  way  of  the  Chicago, 
Burlington  &  Quincy  Railroad  Company,  thence  running  in  a  south- 
westerly direction  along  said  north  line  of  the  right  of  way  of  the 
Chicago,  Burlington  and  Quincy  Railroad  Company  to  the  center  line 
of  Clifton  Park  avenue,  thence  running  south  along  the  center  line  of 
Clifton  Park  avenue  to  the  center  line  of  Twenty-fourth  street,  thence 
running  west  along  the  center  line  of  Twenty-fourth  street  to  the 
center  line  of  Central  Park  avenue,  and  thence  running  south  along 
the  center  line  of  Central  Park  avenue  to  the  Illinois  and  Michigan 
canal,  in  the  city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the 
Ninth  district. 

Tenth — The  counties  of  Ogle  and  Winnebago  shall  constitute  the* 
Tenth  district. 

Eleventh — The  Thirty-first  ward,  except  that  part  thereof  lying 
north  of  the  center  line  of  Fifty-seventh  Place  and  east  of  the  east  line 
of  the  right  of  way  of  the  Chicago,  Rock  Island  &  Pacific  Rail- 
way Company,  and  the  Thirty-second  ward,  in  the  city  of  Chicago,  in 
the  county  of  Cook,  shall  constitute  the  Eleventh  district. 

Twelfth — The  counties  of  Stephenson,  Jo  Daviess  and  Carroll  shall 
constitute  the  Twelfth  district. 

Thirteenth — That  part  of  the  Seventh  ward  lying  south  of  the  cen- 
ter line  of  Sixty-third  street,  said  center  line  being  extended  easterly 
to  Lake  Michigan  and  east  of  the  center  line  of  Cottage  Grove  ave- 
nue, the  Eighth  and  Thirty-third  wards,  in  the  city  of  Chicago,  and 
that  part  of  the  town  of  Calumet  lying  outside  of  the  city  of  Chi- 
cago, and  all  in  the  county  of  Cook,  shall  constitute  the  Thirteenth  dis- 
trict. 

Fourteenth — The  counties  of  Kane  and  Kendall  shall  constitute  the 
Fourteenth  district. 

Fifteenth — The  Ninth  ward,  except  that  part  thereof  lying  north 
and  west  of  a  line  beginning  at  the  intersection  of  Morgan  and  Four- 
teenth streets  and  running  east  along  the  center  line  of  Fourteenth 
street  to  the  center  line  of  Johnson  street,  thence  running  north  along 
the  center  line  of  Johnson  street  to  the  center  line  of  Maxwell  street, 
and  thence  running  east  along  the  center  line  of  Maxwell  street  to 
the  south  branch  of  the  Chicago  river,  the  Tenth  ward  except  that 
part  thereof  lying  north  and  west  of  a  line  beginning  at  the  intersec- 
section  of  Laflin  and  Sixteenth  streets  and  running  east  along  the  cen- 


72 

ter  line  of  Sixteenth  street  to  the  center  line  of  Throop  street,  thence 
north  along  the  center  line  of  Throop  street  to  the  center  line  of  Four- 
teenth street,  and  thence  running  east  along  the  center  line  of  Four- 
teenth street  to  the  center  line  of  Morgan  street,  and  that  part  of  the 
Eleventh  ward  lying  south  of  the  center  line  of  Sixteenth  street,  in  the 
city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the  Fifteenth 
district. 

Sixteenth — The  counties  of  Marshall,  Putnam,  Livingston  and 
Woodford  shall  constitute  the  Sixteenth  district. 

Seventeenth — That  part  of  the  Ninth  ward  lying  north  and  west  of 
a  line  beginning  at  the  intersection  of  Morgan  and  Fourteenth  streets 
and  running  east  along  the  center  line  of  Fourteenth  street  to  the  cen- 
ter line  of  Johnson  street ;  thence  running  north  along  the  center  line 
of  Johnson  street  to  the  center  line  of  Maxwell  street,  and  thence  run- 
ning east  along  the  center  line  of  Maxwell  street  to  the  south  branch 
of  the  Chicago  river,  that  part  of  the  Tenth  ward  lying  north  and  west 
of  a  line  beginning  at  the  intersection  of  Laflin  and  Sixteenth  streets 
and  running  east  on  the  center  line  of  Sixteenth  street  to  the  center 
line  of  Throop  street,  thence  running  north  along  the  center  line  of 
Throop  street  to  the  center  line  of  Fourteenth  street,  and  thence  run- 
ning east  along  the  center  line  of  Fourteenth  street  to  the  center  line 
of  Morgan  street,  and  the  Nineteenth  ward,  in  the  city  of  Chicago,  in 
the  county  of  Cook,  shall  constitute  the  Seventeenth  district. 

Eighteenth — The  county  of  Peoria  shall  constitute  the  Eighteenth 
district. 

Nineteenth — That  part  of  the  Twelfth  ward  lying  north  and  west 
of  a  line  beginning  at  the  intersection  of  Twelfth  street  and  California 
avenue  and  running  south  along  the  center  line  of  California  avenue 
to  the  north  line  of  the  right  of  way  of  the  Chicago,  Burlington  & 
Quincy  Railroad  Company,  and  thence  running  in  a  southwesterly  di- 
rection along  said  north  line  of  the  said  right  of  way  to  the  center  line 
of  Clifton  Park  avenue,  the  Thirteenth  and  the  Thirty-fourth  wards,  in 
the  city  of  Chicago,  that  part  of  the  town  of  Cicero  lying  south  of  the 
center  line  of  Twelfth  street  and  the  town  of  Riverside,  all  in  the 
county  of  Cook,  shall  constitute  the  Nineteenth  district. 

Twentieth — The  counties  of  Kankakee,  Grundy  and  Iroquois  shall 
constitute  the  twentieth  district. 

Twenty-first — The  Fourteenth  ward,  that  part  of  the  Seventeenth 
ward  lying  south  of  a  line  beginning  at  the  intersection  of  Ashland  ave- 
nue and  Augusta  street  and  running  thence  east  along  the  center  line 
of  Augusta  street  to  the  center  line  of  Holt  street,  thence  running  south 
along  the  center  line  of  Holt  street  to  the  center  line  of  Cornell  street, 
thence  running  east  along  the  center  line  of  Cornell  street  to  the  center 
line,  of  Milwaukee  avenue,  thence  running  southeasterly  along  the  cen- 
ter line  of  Milwaukee  avenue  to  the  center  line  of  Green  street,  and 
thence  south  along  the  center  line  of  Green  street  to  the  center  line 
of  Kinzie  street,  and  that  part  of  the  Thirty-fifth  ward  lying  south  of 
a  line  beginning  at  the  intersection  of  Chicago  avenue  and  Homan  ave- 
nue and  running  thence  west  along  the  center  line  of  Chicago  avenue 
to  the  center  line  of  Park  avenue,  thence  south  along  the  center  line  of 
Park  avenue  to  the  center  line  of  Lake  street,  and  thence  running  west 


73 

along  the  center  line  of  Lake  street  to  the  center  line  of  Austin  avenue, 
in  the  city  of  Chicago,  in  the  county  of  Cook  shall  constitute  the 
Twenty-first  district. 

Twenty-second — The  counties  of  Vermilion  and  Edgar  shall  con- 
stitute the  Twenty-second  district. 

Twenty-third — The  Fifteenth  ward,  that  part  of  the  Sixteenth  ward 
bounded  as  follows:  Beginning  at  the  intersection  of  North  avenue 
and  Ashland  avenue  and  running  west  on  the  center  line  of  North 
avenue  to  the  center  line  of  Robey  street,  thence  running  south  along 
the  center  line  of  Robey  street  to  the  center  line  of  Division  street, 
thence  running  east  along  the  center  line  of  Division  street  to  the 
center  line  of  Ashland  avenue,  thence  running  north  along  the  center 
line  of  Ashland  avenue  to  the  place  of  beginning,  that  part  of  the 
Thirty-fifth  ward  lying  north  of  a  line  beginning  at  the  intersection 
of  Kedzie  and  Chicago  avenues  and  running  west  along  the  center 
line  of  Chicago  avenue  to  the  center  line  of  Park  avenue,  thence 
running  south  along  the  center  line  of  Park  avenue  to  the  center  line 
of  Lake  street,  and  thence  running  west  along  the  center  line  of  Lake 
street  to  the  center  line  of  Austin  avenue,  in  the  city  of  Chicago,  and 
that  part  of  the  town  of.  Cicero  lying  north  of  the  center  line  of 
Twelfth  street,  all  in  the  county  of  Cook,  shall  constitute  the  Twenty- 
third  district. 

Twenty- fourth — The  counties  of  Champaign,  Piatt  and  Moultrie 
shall  constitute  the  Twenty-fourth  district. 

Twenty-fifth — The  Twenty-seventh  and  Twenty-eighth  wards  in 
the  city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the 
Twenty-fifth  district. 

Twenty-sixth — The  counties  of  McLean  and  Ford  shall  constitute 
the  Twenty-sixth  district. 

Twenty-seventh — The  Sixteenth  ward,  except  that  part  bounded  as 
follows :  Beginning  at  the  intersection  of  North  avenue  and  Ash- 
land avenue,  and  running  west  on  the  center  line  of  North  avenue  to 
the  center  line  of  Robey  street,  thence  running  south  along  the  center 
line  of  Robey  street  to  the  center  line  of  Division  street,  thence  run- 
ning east  along  the  center  line  of  Division  street  to  the  center  line 
of  Ashland  avenue,  thence  running  north  along  the  center  line  of 
Ashland  avenue  to  the  place  of  beginning,  that  part  of  the  Seven- 
teenth ward  bounded  as  follows:  Beginning  at  the  intersection  of 
Ashland  avenue  and  Division  street  and  running  south  along  the 
center  line  of  Ashland  avenue  to  the  center  line  of  Augusta  street, 
thence  running  east  along  the  center  line  of  Augusta  street  to  the 
center  line  of  Holt  street,  thence  running  south  along  the  center  line 
of  Holt  street  to  the  center  line  of  Cornell  street,  thence  running 
east  along  the  center  line  of  Cornell  street  to  the  center  line  of  Mil- 
waukee avenue,  thence  running  southeast  along  the  center  line  of 
Milwaukee  avenue  to  the  center  line  of  Green  street,  thence  running 
south  along  the  center  line  of  Green  street  to  the  center  line  of  Kinzie 
street,  thence  running  east  along  the  center  line  of  Kinzie  street  to 
the  north  branch  of  the  Chicago  river,  thence  running  northwest 
along  the  north  branch  of  the  Chicago  river  to  the  center  line  of 
Division  street,  thence  running  west  along  the  center  line  of  Division 


74 

street  to  the  place  of  beginning,  and  the  Eighteenth  ward,  in  the  city 
of  Chicago,  in  the  county  of  Cook,  shall  constitute  the  Twenty-seventh 
district. 

Twenty-eighth— -The  counties  of  Logan,  DeWitt  and  Macon  shall 
constitute  the  Twenty-eighth  district. 

Twenty-ninth — The  Twenty-first  ward,  except  that  part  thereof 
lying  north  of  a  line  beginning  at  the  intersection  of  Goethe  and 
Sedgwick  streets  and  running  east  along  the  center  line  of  Goethe 
street  to  the  center  line  of  State  street,  thence  running  north  along 
the  center  line  of  State  street  to  the  center  line  of  Schiller  street, 
and  thence  running  east  along  the  center  line  of  Schiller  street  to 
Lake  Michigan,  and  the  Twenty-second  ward,  except  that  part  there- 
of lying  west  of  the  center  line  of  Halsted  street,  and  except  that  part 
of  said  ward  lying  north  and  west  of  a  line  beginning  at  the  intersec- 
tion of  North  avenue  and  Sedgwick  street  and  running  south  along 
the  center  line  of  Sedgwick  street  to  the  center  line  of  Sigel  street, 
thence  running  west  along  the  center  line  of  Sigel  street  to  the  center 
line  of  Cleveland  avenue,  thence  running  south  along  the  center  line 
of  Cleveland  avenue  to  the  center  line  of  Clybourn  avenue,  thence 
running  in  a  northwesterly  direction  along  the  center  line  of  Clybourn 
avenue  to  the  center  line  of  Larrabee  street,  thence  running  south 
along  the  center  line  of  Larrabee  street  to  the  center  line  of  Division 
street,  and  thence  west  along  the  center  line  of  Division  street  to 
the  center  line  of  Halsted  street,  in  the  city  of  Chicago,  in  the  county 
of  Cook,  shall  constitute  the  Twenty-ninth  district. 

Thirtieth — The  counties  of  Tazewell,  Mason,  Menard,  Cass,  Brown 
and  Schuyler  shall  constitute  the  Thirtieth  district. 

Thirty-first — That  part  of  the  Twenty-first  ward  lying  north  of  a 
line  beginning  at  the  intersection  of  Goethe  and  Sedgwick  streets 
and  running  east  along  the  center  line  of  Goethe  street  to  the  center 
line  of  State  street,  thence  running  north  along  the  center  line  of 
State  street  to  the  center  line  of  Schiller  street,  and  thence  running 
east  along  the  center  line  of  Schiller  street  to  Lake  Michigan,  all 
that  part  of  the  Twenty-second  ward  lying  west  of  the  center  line 
of  Halsted  street  and  that  part  of  the  Twenty-second  ward  lying 
east  of  the  center  line  of  Halsted  street  and  north  of  a  line  beginning 
at  the  intersection  of  Halsted  and  Division  streets  and  running  east 
along  the  center  line  of  Division  street  to  the  center  line  of  Larrabee 
street,  thence  running  north  along  the  center  line  of  Larrabee  street 
to  the  center  line  of  Clybourn  avenue,  thence  running  in  a  south- 
easterly direction  along  the  center  line  of  Clybourn  avenue  to  the 
center  line  of  Cleveland  avenue,  thence  running  north  along  the 
center  line  of  Cleveland  avenue  to  the  center  line  of  Sigel  street,  and 
thence  running  east  along  the  center  line  of  Sigel  street  to  the  center 
line  of  Sedgwick  street,  that  part  of  the  Twenty-third  ward  lying 
east  of  the  center  line  of  Halsted  street,  and  that  part  of  the  Twenty- 
fifth  ward  lying  south  of  the  center  line  of  Devon  avenue,  all  in  the 
city  of  Chicago,  in  the  county  of  Cook,  shall  constitute  the  Thirty- 
first  district. 

Thirty-second — The  counties  of  McDonough,  Hancock  and  Warren 
shall  constitute  the  Thirty-second  district. 


75 

Thirty-third — The  counties  of  Rock  Island,  Mercer  and  Henderson 
shall  constitute  the  Thirty-third  district. 

Thirty-fourth — The  counties  of  Douglas,  Coles  and  Clark  shall  con- 
stitute the  Thirty-fourth  district. 

Thirty-fifth— The  counties  of  Whiteside,  Lee  and  DeKalb  shall 
constitute  the  Thirty-fifth  district. 

Thirty-sixth — The  counties  of  Scott,  Calhoun,  Pike  and  Adams 
shall  constitute  the  Thirty-sixth  district. 

Thirty-seventh — The  counties  of  Henry,  Bureau  and  Stark  shall 
constitute  the  Thirty-seventh  district. 

Thirty-eighth — The  counties  of  Greene,  Montgomery,  Jersey  and 
Macoupin  shall  constitute  the  Thirty-eighth  district. 

Thirty-ninth — The  county  of  LaSalle  shall  constitute  the  Thirty- 
ninth  district. 

Fortieth — The  counties  of  Christian,  Shelby,  Fayette  and  Cumber- 
land shall  constitute  the  Fortieth  district. 

Forty-first — The  counties  of  DuPage  and  Will  shall  constitute  the 
Forty-first  district. 

Forty-second — The  counties  of  Clinton,  Marion,  Gay  and  Efnng- 
ham  shall  constitute  the  Forty-second  district. 

Forty-third — The  counties  of  Knox  and  Fulton  shall  constitute  the 
Forty-third  district. 

Forty-fourth — The  counties  of  Washington,  Randolph,  Perry,  Mon- 
roe and  Jackson  shall  constitute  the  Forty-fourth  district. 

Forty-fifth — The  counties  of  Morgan  and  Sangamon  shall  consti- 
tute the  Forty-fifth  district. 

Forty-sixth — The  counties  of  Jefferson,  Wayne,  Richland  and  Jas- 
per shall  constitute  the  Forty-sixth  district. 

Forty-seventh — The  counties  of  Madison  and  Bond  shall  constitute 
the  Forty-seventh  district. 

Forty-eighth — The  counties  of  Hardin,  Gallatin,  White,  Edwards, 
Wabash,  Lawrence  and  Crawford  shall  constitute  the  Forty-eighth 
district. 

Forty-ninth — The  county  of  St.  Clair  shall  constitute  the  Forty- 
•ninth  district. 

Fiftieth — The  counties  of  Franklin,  Williamson,  Union,  Alexander 
and  Pulaski  shall  constitute  the  Fiftieth  district. 

Fifty-first — The  counties  of  Hamilton,  Saline,  Pope,  Johnson  and 
Massac  shall  constitute  the  Fifty-first  district. 

2.  WARD  DEFINED.]     [§  153,  Ch.  46,  R.  S.]    Wherever  the  words 
"ward"  or  "wards,"  or  "street"  or  "streets"  or  "avenue"  or  "avenues," 
or  "boulevard"  or  "boulevards,"  and  all  other  boundary  lines  of  what- 
ever name  or  description,  in  the  city  of  Chicago,  are  used  in  this  Act, 
they  shall  be  construed  as  meaning  the  ward  or  wards,  and  street  or 
streets,  and  avenue  or  avenues,  and  boulevard  or  boulevards,  or  other 
proper   description,  as  existing  in   the   said   city  at  the  time  of  the 
passage  of  this  Act. 

3.  REPEAL.      [§  154,  Ch.  46,  R.  S.]    An  Act  entitled,  "An  Act  to 
apportion  the  State  of  Illinois  into  senatorial  districts,  and  to  repeal 


76 

certain  Acts  therein  named,"  approved  June  15,  1893,  m  force  July  i, 
1893,  and  an  Act  entitled,  "An  Act  to  amend  sections  I  and  2  of  an 
Act  to  apportion  the  State  of  Illinois  into  senatorial  districts,  and  to 
repeal  certain  Acts  therein  named,"  approved  January  n,  1898,  in 
force  July  I,  1898,  and  all  Acts  and  parts  of  Acts  in  conflict  here- 
with are  hereby  repealed. 

ARTICLE  XVII. 

JUDICIAL  APPORTIONMENT. 

Supreme  Court. 

1.  DISTRICTS.]     [§§  i,  ia  and  ib,  Ch.  37,  R.  S.]     The  State  shall  be 
divided  into  seven  districts  for  the  election  of  judges,  and  until  other- 
wise provided  by  law  they  shall  be  as  follows : 

First  District — The  counties  of  St.  Clair,  Clinton,  Washington,  Jef- 
ferson, Wayne,  Edwards,  Wabash,  White,  Hamilton,  Franklin,  Perry, 
Randolph,  Monroe,  Jackson,  Williamson,  Saline,  Gallatin,  Hardin, 
Pope,  Union,  Johnson,  Alexander,  Pulaski  and  Massac. 

Second  District — The  counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effing-ham,  Fayette,  Mont- 
gomery, Macoupin,  Shelby,  Cumberland,  Clark,  Greene,  Jersey,  Cal- 
houn,  Christian,  Pike  and  Scott. 

Third  District — The  counties  of  Sangamon,  Macon,  Logan,  De- 
Witt,  Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Livingston, 
Ford,  Iroquois,  Coles,  Edgar,  Moultrie  and  Tazewell. 

Fourth  District — The  counties  of  Rock  Island,  Mercer,  Warren, 
Henderson,  Fulton,  McDonough,  Hancock,  Adams,  Schuyler,  Brown, 
Mason,  Menard,  Morgan  and  Cass. 

Fifth  District — The  counties  of  Knox,  Henry,  Stark,  Peoria,  Mar- 
shall, Putnam,  Bureau,  LaSalle,  Grundy  and  Woodford. 

Sixth  District — The  counties  of  Whiteside,  Carroll,  JoDaviess,  Ste- 
phenson,  Winnebago,  Boone,  McHenry,  Kane,  Kendall,  DeKalb,  Lee 
and  Ogle. 

Seventh  District — The  counties  of  Lake,  Cook,  Will,  Kankakee  and 
DuPage. 

The  boundaries  of  the  districts  may  be  changed  at  the  session  of  the 
General  Assembly  next  preceding  the  election  for  judges  therein,  and 
at  no  other  time;  but  whenever  such  alteration  shall  be  made  the 
same  shall  be  upon  the  rule  of  equality  of  population,  as  nearly  as 
county  boundaries  will  allow,  and  the  districts  shall  be  composed  of 
contiguous  counties,  in  as  nearly  compact  form  as  circumstances  will 
permit.  The  alteration  of  the  districts  shall  not  affect  the  tenure  of 
office  of  any  judge. 

Appellate  Courts. 

2.  DISTRICTS.]     [§§    i    and    18,   Ch.   37,   R.   S.    1895.]     There   are 
hereby  created  four  Appellate  Courts  in  this  State,  to  be  called  the 
Appellate  Courts  in  and  for  the  districts  hereby  created : 


77 

First  District — The  county  of  Cook. 

Second  District — The  counties  of  Boone,  Bureau,  Carroll,  DeKalb, 
DuPage,  Grundy,  Henderson,  Henry,  Iroquois,  JoDaviess,  Kane, 
Kankakee,  Kendall,  Knox,  Lake,  LaSalle,  Lee,  Livingston,  Marshall. 
McHenry,  Mercer,  Ogle,  Peoria,  Putnam,  Rock  Island,  Stark,  Steph- 
enson,  Warren,  Whiteside,  Will,  Winnebago  and  Woodford. 

Third  District — The  counties  of  Adams,  Brown,  Calhoun,  Cass, 
Champaign,  Christian,  Clark,  Coles,  Cumberland,  DeWitt,  Douglas, 
Edgar,  Ford,  Fulton,  Greene,  Hancock,  Jersey,  Logan,  Macon, 
Macoupin,  Mason,  McDonough,  McLean,  Menard,  Montgomery,  Mor- 
gan, Moultrie,  Piatt,  Pike,  Sangamon,  Schuyler,  Scott,  Shelby,  Taze- 
well  and  Vermilion. 

Fourth  District — The  counties  of  Alexander,  Bond,  Clay,  Clinton, 
Crawford,  Edwards,  Efrmgham,  Fayette,  Franklin,  Gallatin,  Hamilton, 
Hardin,  Jackson,  Jasper,  Jefferson,  Johnson,  Lawrence,  Madison, 
Marion,  Massac,  Monroe,  Perry,  Pope,  Pulaski,  Randolph,  Richland, 
Saline,  St.  Clair,  Union,  Wabash,  Washington,  Wayne,  White  and 
Williamson. 

Circuit  Courts. 

3.  CIRCUITS.]  [§  73,  Ch.  37,  R.  S.]  That  in  lieu  of  the  circuit 
courts  provided  by  law,  and  now  existing,  the  State  of  Illinois,  ex- 
clusive of  the  county  of  Cook,  shall  be  and  the  same  is  hereby  divided 
into  judicial  circuits,  as  follows: 

First  Circuit — The  counties  of  Alexander,  Pulaski,  Massac,  Pope, 
Johnson,  Union,  Jackson,  Williamson  and  Saline. 

Second  Circuit — The  counties  of  Hardin,  Gallatin,  White,  Hamil- 
ton, Franklin,  Wabash,  Edwards,  Wayne,  Jefferson,  Richland,  Law- 
rence and  Crawford. 

Third  Circuit — The  counties  of  Randolph,  Monroe,  St.  Clair,  Madi- 
son, Bond,  Washington  and  Perry. 

Fourth  Circuit — The  counties  of  Clinton,  Marion,  Clay,  Fayette, 
Effingham,  Jasper,  Montgomery,  Shelby  and  Christian. 

Fifth  Circuit — The  counties  of  Vermilion,  Edgar,  Clark,  Cumber- 
land and  Coles. 

Sixth  Circuit — The  counties  of  Champaign,  Douglas,  Moultrie, 
Macon,  DeWitt  and  Piatt. 

Seventh  Circuit — The  counties  of  Sangamon,  Macoupin,  Morgan, 
Scott,  Greene  and  Jersey. 

Eighth  Circuit — The  counties  of  Adams,  Schuyler,  Mason,  Cass, 
Brown,  Pike,  Calhoun  and  Menard. 

Ninth  Circuit — The  counties  of  Knox,  Warren,  Henderson,  Han- 
cock, McDonough  and  Fulton. 

Tenth  Circuit — The  counties  of  Peoria,  Marshall,  Putnam,  Stark 
and  Tazewell. 

Eleventh  Circuit — The  counties  of  McLean,  Livingston,  Logan, 
Ford  and  Woodford. 

Twelfth  Circuit — The  counties  of  Will,  Kankakee  and  Iroquois. 

Thirteenth  Circuit — The  counties  of  Bureau,  LaSalle  and  Grundy. 


78 

Fourteenth  Circuit — The  counties  of  Rock  Island,  Mercer,  White- 
side  and  Henry. 

Fifteenth  Circuit — The  counties  of  JoDaviess,  Stephenson,  Carroll, 
Ogle  and  Lee. 

Sixteenth  Circuit — The  counties  of  Kane,  DuPage,  DeKalb  and 
Kendall. 

Seventeenth  Circuit — The  counties  of  Winnebago,  Boone,  McHenry 
and  Lake. 

4.  ELECTION  OF  JUDGES — TERM.]     [§  74,  Ch.  37,  R.  S.]    On  the 
first  Monday  of  June,  A.  D.  1897,  there  shall  be  elected  in  each  of 
said  circuits  by  the  electors  thereof  by  the  general  ticket,  as  provided 
by  law  for  general  elections,  three  judges  of  the  circuit  court,  whose 
term  of  office  shall  be  six  years;  and  every  six  years  thereafter  there 
shall  in  like  manner  be  elected  in  each  of  said  circuits,  three  judges 
of  the  circuit  court^  whose  term  of  office  shall  be  as  aforesaid. 

5.  TERMS  OF  COURT.]     [§  75,  Ch.  37,  R.  S.]    The  terms  of  the 
circuit  courts  in  the  respective  counties  shall  be  held  at  the  times  and 
places  now  provided,  or  which  may  hereafter  be  provided  by  law. 

6.  REPEAL.]      [§  76,  Ch.  37,  R.  S.]    All  Acts  and  parts  of  Acts 
inconsistent  with  the  provisions  of  this  Act  are  hereby  repealed. 

ARTICLE  XVIII. 

PUBLICATION   OF   PROPOSITIONS  TO   BE  VOTED   FOR. 

1.  SECRETARY  OF  STATE  TO  PREPARE  STATEMENT  TO  BE  SUBMITTED 
TO  ATTORNEY  GENERAL.]     [§  9,  Ch.  7a,  R.   S.]   ' That  whenever  any 
constitutional  amendment  or  other  proposition  required  by  law  to  be 
voted  upon  before  its  adoption,  shall  be  submitted  to  the  people,  it  shall 
be  the  duty  of  the  Secretary  of  State  to  prepare  a  statement  setting 
forth   in   detail  the  section   or   sections   of  the   Constitution   or   law 
sought  to  be  amended  by  said  vote,  together  with  such  statements 
and  suggestions  as  may  be  necessary  for  a  proper  understanding  of 
said  proposition,  which  said  statements  and  suggestions  shall  be  sub- 
mitted to  the  Attorney  General  for  his  approval. 

2.  STATEMENT  TO  BE  SENT  TO  EACH  COUNTY  CLERK.]     [§  10,  Ch. 
7a,  R.  "S.]    It  shall  be  the  duty  of  the  Secretary  of  State,  after  said 
statements  and  suggestions  shall  have  been  approved  by  the  Attorney 
General  as  provided  in  section  i  of  this  Act,  to  certify  to  each  county 
clerk,  under  seal,  said  statements  and  suggestions. 

3.  STATEMENT  TO  BE  PUBLISHED  AND  POSTED".]     [§  n,  Ch.  7a,  R. 
S.]    It  is  hereby  made  the  duty  of  the  county  clerk  to  have  the  state- 
ments and  suggestions  mentioned  in  sections  i  and  2  of  this  Act  pub- 
lished and  posted  at  the  same  time,  in  the  same  manner  and  at  the 
same  places  that  the  sample   ballots  and   instructions   to  voters  are 
required  by  law  to  be  posted. 


79 
ARTICLE  XIX. 

SUBMISSION    OF    QUESTIONS    OF    PUBLIC    POLICY. 

1.  PETITION — DUTY  OF  ELECTION  OFFICERS.]     [§  428,  Ch.  46,  R. 
S.]    That  on  a  written  petition  signed  by  25  per  cent  of  the  registered 
voters  of  any  incorporated  town,  village,  city,  township,  county  or 
school  district;  or  10  per  cent  of  the  registered  votes  [voters]  of  the 
State,  it  shall  be  the  duty,  of  the  proper  election  officers  in  each  casts 
to  submit  any  question  of  public  policy  so  petitioned  for,  to  the  electors 
of  the  incorporated  town,  village,  city,  township,  county,  school  dis- 
trict or  State,  as  the  case  may  be,  at  any  general  or  special  election 
named   in   the  petition:     Provided,    such   petition   is   filed    with   the 
proper  election  officers,  in  each  case  not  less  than  sixty   (60)    days 
before  the  date  of  the  election  at  which  the  question  or  questions 
petitioned  for  are  to  be  submitted.     Not  more  than  three  propositions 
shall  be  submitted  at  the  same  election,  and  such  propositions  shall  be 
submitted  in  the  order  of  its  filing. 

2.  FORM  OF  BALLOT.]    [§  429,  Ch.  46,  R.  S.]    Every  question  sub- 
mitted to  electors  shall  be  printed  in  plain,  prominent  type,  upon  a 
separate  ballot,  in  form  required  by  law,  the  same  as  a  constitutional 
amendment  or  other  public  measure  proposed  to  be  voted  upon  by  the 
people. 

ARTICLE  XX. 

VOTING  MACHINES — USE  AUTHORIZED. 

AN  ACT  to  provide  for  the  use  of  voting  machines  at  elections,  for 
casting,  registering,  recording  and  counting  ballots  or  votes;  also 
creating  a  board  of  voting  machine  commissioners,  and  defining  its 
duties.  [Approved  May  14,  1903.  Laws  1903,  p.  178. 
i.  SUBMISSION  OF  QUESTION  OF  ADOPTING  VOTING  MACHINE — CON- 
STRUCTION OF  MACHINE — REQUIREMENTS  SPECIFIED.]  [§  430,  Ch.  46, 

R.  S.]  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  That  any  body  or  board  of  public  officials, 
or  any  officer  or  officers  charged  by  law  with  the  duty  of  providing 
material  and  supplies  for  holding  an  election  or  elections  in  any  city, 
village,  incorporated  town,  county,  precinct,  election  district  or  other 
civil  division  of  the  State,  may,  at  any  general  or  special  election,  sub- 
mit a  proposition  to  the  qualified  voters  thereof  to  adopt  a  voting 
machine  or  voting  machines ;  and  whenever  a  majority  of  the  electors 
of  any  such  city,  village,  incorporated  town,  county,  precinct,  election 
district  or  other  civil  division  voting  upon  said  proposition  shall  have 
declared  therefor,  may  purchase  or  lease  a  voting  machine  or  voting 
machines  for  any  or  all  of  the  election  precincts  for  which  he,  it  or 
they  are  by  law  charged  with  the  duty  of  providing  material  and 
supplies  for  holding  an  election  or  elections  at  the  expense  of  the 
city,  village,  incorporated  town,  county,  precinct,  election  district  or 


8o 

other  civil  division  of  the  State  now  chargeable  by  law  with  the  ex- 
penses of  the  material  and  supplies  for  holding  general  elections  in 
such  civil  division  or  divisions.  If  the  question  of  using  a  voting 
machine  or  voting  machines  be  not  submitted  to  the  voters  by  the 
proper  public  officials,  a  petition,  signed  by  ten  per  cent  of  the  voters 
of  any  city,  village,  incorporated  town,  county,  precinct,  election  dis- 
trict or  other  civil  division  of  the  State  and  addressed  to  them  at 
least  sixty  days  before  any  general  election  asking  the  submission  oi 
the  question  of  adopting  a  voting  machine  or  voting  machines^  shall 
compel  the  submission  of  the  question  to  the  voters  at  that  election. 
Use  of  such  machines  may  be  discontinued  on  resubmission  of  the 
question,  and  a  vote  in  favor  thereof  at  any  subsequent  election :  Pro- 
vided, however,  that  no  such  voting  machine  shall  be  used,  purchased, 
leased  or  adopted  until  the  board  of  voting  machine  commissioners 
hereinafter  provided  for,  or  a  majority  thereof,  shall  have  made  and 
filed  a  report  certifying  that  they  have  examined  such  machine ;  that 
it  affords  each  elector  an  opportunity  to  vote  in  absolute  secrecy  ; 
that  it  enables  each  elector  to  vote  a  straight  party  ticket ;  that  it 
enables  each  elector  to  vote  a  ticket  selected  in  part  from  the  nom- 
inees of  one  party,  and  in  part  from  the  nominees  of  any  or  all  other 
parties,  and  in  part  from  an  independent  nomination,  and  in  part  of 
persons  not  in  nomination  by  any  party  or  upon  any  independent  ticket ; 
that  it'  enables  each  elector  to  vote  a  written  or  printed  ballot  of  his 
own  selection,  for  any  person  for  any  office  for  which  he  may  desire ; 
that  it  enables  each  elector  to  vote  for  all  candidates  for  whom  he  is 
entitled  to  vote,  and  prevents  him  from  voting  for  any  candidate  for 
any  office  more  than  once,  unless  he  is  lawfully  entitled  to  cast  more 
than  one  vote  for  one  candidate,  and  in  that  event  permits  him  to 
cast  only  as  many  votes  for  that  candidate  as  he  is  by  law  entitled, 
and  no  more;  that  it  prevents  the  elector  from  voting  for  more  than 
one  person  for  the  same  office,  unless  he  is  lawfully  entitled  to  vote 
for  more  than  one  person  therefor,  and  in  that  event  permits  him  to 
vote  for  as  many  persons  for  that  office  as  he  is  by  law  entitled,  and 
no  more ;  and  that  such  machine  will  register  correctly  by  means  of 
exact  counters  every  vote  cast  for  the  regular  tickets  thereon ;  and 
has  the  capacity  to  contain  the  tickets  of  seven  political  parties  with 
the  names  of  all  the  candidates  thereon,  together  with  all  propositions 
to  be  voted  upon,  except  that  it  may  be  so  constructed  that  the  names 
of  all  candidates  for  presidential  electors  will  not  occur  thereon,  but 
in  lieu  thereof,  one  ballot  label  in  each  party  column  or  row  shall  con- 
tain only  the  words  "Presidential  Electors,"  preceded  by  the  party 
name ;  that  all  votes  cast  on  the  machine  on  a  regular  ballot  or  ballots 
shall  be  registered ;  that  voters  may,  by  means  of  irregular  ballots 
or  otherwise,  vote  for  any  person  for  any  office,  although  such  person 
may  not  have  been  nominated  by  any  party  and  his  name  may  not 
appear  on  such  machine ;  then  when  a  vote  is  cast  for  any  person  for 
any  such  office,  when  his  name  does  not  appear  on  the  machine,  the 
elector  cannot  vote  for  any  name  on  the  machine  for  the  same  office ; 
that  each  elector  can  understandingly  and  within  the  period  of  one 


8i 

minute  cast  his  vote  for  all  candidates  of  his  choice;  that  in  case  the 
machine  is  so  constructed  that  the  candidates  for  presidential  electors 
of  any  party  can  be  voted  for  only  by  voting  for  the  ballot  label  con- 
taining the  words  "Presidential  Electors,"  by  voting  an  irregular 
ticket  as  hereinafter  defined,  the  elector  may  vote  for  anyi  person  or 
persons  he  may  choose  for  presidential  electors ;  that  the  machine  is 
provided  with  a  lock  or  locks  by  the  use  of  which  any  movement  of 
the  voting  or  registering  mechanism  is  absolutely  prevented  so  that  it 
cannot  be  tampered  with  or  manipulated  for  any  fraudulent  purpose; 
that  the  machine  is  susceptible  of  being  closed  during  the  progress 
of  the  voting  so  that  no  person  can  see  or  know  the  number  of  votes 
registered  for  any  candidate:  Provided,  also,  that  no  such  machine 
or  machines  shall  be  purchased,  unless  the  party  or  parties  making  the 
sale  shall  guarantee  in  writing  to  keep  the  machine  or  machines  in 
good  working  order  for  five  years  without  additional  cost,  and  shall 
give  a  sufficient  bond  conditioned  to  that  effect. 

2.  MACHINE  MUST  MEET  ALL  REQUIREMENTS  SPECIFIED.]     [§  431, 
Ch.  46,  R.  S]    The  voting  machine  or  machines  to  .be  used,  adopted, 
leased  or  purchased  as  herein  provided,  must  be  so  constructed  as  to 
meet  all  requirements  specified  in  this  Act. 

3.  BOARD  OF  VOTING  MACHINE  COMMISSIONERS — TERM  OF  OFFICE 

—EXAMINATION     OF     MACHINE REPORT APPROVAL COMPENSATION.] 

[§  432,  Ch.  46,  R.  S.]  The  Secretary  of  State  and  two  persons  ap- 
pointed by  the  Governor,  who  shall  be  mechanical  experts  and  not 
members  of  the  same  political  party,  shall  constitute  a  board  of  voting 
machine  commissioners.  Their  term  of  office  shall  be  four  years, 
except  that  the  commissioners  appointed  by  the  Governor  shall  be 
subject  to  removal  at  his  pleasure,  and  that  any  Secretary  of  State 
on  surrendering  the  duties  of  his  office  shall  be  succeeded  on  the 
board  by  the  succeeding  Secretary  of  State.  If  the  office  of  Secretary 
of  State  for  any  reason  shall  become  vacant,  the  Attorney  General 
of  the  State  shall  be  a  member  of  the  board  until  the  office  of  Secretary 
of  State  is  filled.  No  member  of  the  board  shall  have  any  interest  in 
any  voting  machine.  Any  person  or  corporation  owning  or  being  in- 
terested in  any  voting  machine  may  apply  to  said  board  to  examine 
such  machine  and  report  on  its  accuracy,  efficiency,  capacity  and 
safety.  The  commissioners  shall  examine  the  machine  and  make  full 
report  thereon,  in  the  office  of  the  Secretary  of  State.  They  shall 
state  in  the  report  whether  or  not  the  kind  of  machine  so  examined 
complies  with  the  requirements  of  this  Act,  and  can  be  safely  used 
by  voters  at  elections  under  the  conditions  prescribed  in  this  Act.  If 
the  report  be  in  the  affirmative  upon  said  questions  the  machine  shall 
be  deemed  approved  by  the  board,  and  machines  of  its  kind  may  be 
adopted  for  use  at  elections  as  herein  provided.  When  the  machine 
has  been  so  approved  any  improvement  or  change  that  does  not  impair 
its  accuracy,  efficiency,  capacity  or  safety  shall  not  render  necessary 
a  re-examination  or  re-approval  thereof.  'Any  form  of  voting  machine 
not  so  approved  cannot  be  used  at  any  elections.  Each  of  the  two 

-6E 


82 

mechanical  experts  on  the  board  shall  be  entitled  to  one  hundred  dol- 
lars ($100)  for  his  compensation  and  expenses  in  making  such  exam- 
ination and  report,  to  be  paid  by  the  person  or  corporation  applying 
for  such  examination,  which  sum  may  be  demanded  in  advance  of 
making  the  examination  and  which  shall  be  the  sole  compensation  to 
be  received  by  any  such  expert.  The  board  may,  if  it  consents  to  do 
so,  go  to  any  point  in  the  State  for  the  purpose  of  examining  a  ma- 
chine, but  it  shall  not  be  compelled  to  make  such  examination  at 
any  place  other  than  the  capital  of  the  State :  Provided,  that  each  of 
the  two  commissioners  appointed  as  mechanical  experts  shall  not  re- 
ceive and  retain  to  exceed  fifteen  hundred  dollars  ($1,500)  and  rea- 
sonable expenses  in  any  one  year,  and  all  sums  collected  for  such 
examinations,  over  and  above  said  maximum  salaries  and  reasonable 
expenses,  shall  be  turned  into  the  State  treasury. 

4.  EXPERIMENTAL  USE  PERMITTED.]  [§  433,  Ch.  46,  R.  S.]  The 
authorities  of  any  city,  village,  incorporated  town,  county,  precinct, 
election  district  or  other  civil  division  authorized  by  section  i  of  this 
Act  to  adopt  a  voting  machine  or  voting  machines,  may  provide  for 
the  experimental  use,  at  any  election  or  elections,  in  one  or  more  elec- 
tion precincts,  of  a  machine  which  it  might  lawfully  adopt,  without 
a  formal  adoption  thereof,  and  its  use  at  such  elections  shall  be  as 
valid  for  all  purposes  as  if  it  had  been  lawfully  adopted. 

5-      HOW   PAYMENT  FOR    MACHINE   MAY   BE   PROVIDED   FOR.]      [§    434, 

Ch.  46,  R.  S.]  The  local  authorities,  on  the  adoption  and  lease  or 
purchase  of  a  voting  machine  or  voting  machines,  may  provide  for 
the  payment  thereof  in  such  manner  as  may  be  deemed  for  the  best 
interest  of  the  city,  village,  incorporated  town  or  county.  They  may 
for  that  purpose  make  leases,  issue  bonds,  certificates  of  indebtedness, 
or  other  obligations,  which  shall  be  a  charge  on  the  city,  village,  in- 
corporated town  or  county.  Such  bonds,  certificates  or  other  obliga- 
tions may  be  issued  with  or  without  interest,  payable  at  such  time  or 
times  as  the  authorities  may  determine,  but  shall  not  be  issued  or  sold 
at  less  than  par. 

6.  ELECTION  PRECINCTS  IN  WHICH  MACHINES  USED — NUMBER  OF 
VOTERS — RE-DIVISION  OF  PRECINCTS.]    [§  435,  Ch.  46,  R.  S.]    For  any 
election  in  any  city,  village,  incorporated  town,  county,  election  dis- 
trict or  other  civil  division  in  which  voting  machines  are  to  be  used, 
the  election  precincts  in  which  such  machines  are  to  be  used  may  be 
created  by  the  officers  charged  with  the  duty   of  creating  election 
precincts  so  as  to  contain  as  near  as  may  be  six  hundred  voters  each. 
Such  redistricting  or  redivision  shall  be  made  under  such  regulation 
as  to  time  and  manner  as  are  now  provided  by  law.     Thereafter,  so 
long  as  voting  machines  are  used,  no  redivision  of  such  election  pre- 
cinct shall  be  made  until  at  some  general   election   the   number  of 
votes  cast  in  one  or  more  of  such  precincts  shall  exceed  seven  hundred. 

7.  SUPPLYING  PRECINCTS  WITH  MACHINE.]     [§  436,  Ch.  46,  R.  S.] 
The  local  authorities  adopting  a  voting  machine  or  voting  machines, 
shall,  as  soon  as  practicable  thereafter,  provide  for  each  polling  place 


a  voting  machine  in  complete  working  order,  and  shall  thereafter 
preserve  and  keep  it  in  repair,  and  shall  have  the  custody  thereof,  and 
of  the  furniture  and  equipment  of  the  polling  place  when  not  in  use 
at  an  election.  If  it  shall  be  impracticable  to  supply  each  election  pre- 
cinct with  a  voting  machine  at  the  election  following  such  adoption, 
as  many  may  be  supplied  as  it  is  practicable  to  procure  and  the  same 
may  be  used  in  such  election  precinct  or  precincts  within  the  city,  vil- 
lage, incorporated  town,  county,  election  district  or  other  civil  division, 
as  the  officers  adopting  the  same  may  direct. 

8.  HOW     MACHINE    SHALL     BE     PLACED     IN      ROOM ONE     MINUTE 

FOR  VOTING.]  [§  437,  Ch.  46,  R.  S.]  The  room  in  which  the 
election  is  held  shall  have  a  railing  separating  the  part  of  the 
room  occupied  by  the  judges  and  the  clerks  of  election  from 
that  part  of  the  room  occupied  by  the  voting  machine.  The 
exterior  of  the  voting  machine,  and  every  part  of  the  polling  place 
shall  be  in  plain  view  of  the  election  officers.  The  voting  machine 
shall  be  placed  at  least  three  feet  from  every  wall  and  partition  of 
the  polling  place,  and  at  least  four  feet  from  any  election  officer  or 
table  used  by  them,  and  it  shall  be  so  placed  that  no  person  on  the 
opposite  side  of  the  railing  can  see  or  determine  from  the  outside  of 
the  room  how  the  voter  casts  his  vote.  After  the  opening  of  the 
polls,  the  election  judges  shall  allow  no  person  to  pass  within  the 
railing  to  the  part  of  the  room  where  the  machine  is  situated,  except 
for  the  purpose  of  voting,  except  as  is  provided  in  the  next  succeding 
section  of  this  Act;  and  they  shall  not  permit  more  than  one  voter 
at  a  time  to  be  in  such  part  of  the  room.  They  shall  not  themselves 
remain,  or  permit  any  other  person  to  remain  in  any  position,  or 
near  any  position,  that  would  permit  one  to  see  or  ascertain  how  a 
voter  votes,  or  how  he  has  voted.  No  voter  shall  remain  within  the 
voting  booth  or  compartment  longer  than  one  minute,  and  if  any 
voter  shall  refuse  to  leave  after  the  lapse  of  that  time,  he  shall  at 
once  be  removed  by  the  election  officers,  or  upon  their  order. 

9.  WHERE  VOTER  CAN  NOT  READ  OR  is  UNABLE  TO  USE  MACHINE — 
INTOXICATED  PERSON.]     [§  438,  Ch.  46,  R.  S.]    Any  voter  who  may 
declare  upon  oath  that  he  cannot  read  the  English  language,  or  that 
by  reason  of  physical  disability  he  is  unable  to  use  the  voting  machine, 
shall,  upon  request,  be  assisted  by  two  of  the  election  officers  of  dif- 
ferent parties,  to  be  selected  from  the  judges  and  clerks  of  the  pre- 
cinct in  which  they  are  to  act,  to  be  designated  by  the  judges  of  elec- 
tion at  the  opening  of  the  polls.    Such  officers,  in  the  voter's  presence 
and  in  the  presence  of  each  other,  shall  register  his  vote  upon  the 
machine  for  the  candidates  of  his  choice,  and  shall  thereafter  give 
no  information  regarding  the  same.    The  clerks  of  election  shall  enter 
upon  the  poll  list  after  the  name  of  any  elector  who  received  such  as- 
sistance in  registering  his  vote,  a  memorandum  of  the  fact.    Intoxica- 
tion shall  not  be  regarded  as  a  physical  disability,  and  no  intoxicated 
person  shall  be  entitled  to  assistance  in  registering  his  vote. 

10.  WHERE  VOTER  ASKS  FOR  INSTRUCTION  CONCERNING  MANNER  OF 
VOTING.]     [§  439,  Ch.  46,  R.  S.]     In  case  any  elector  after  entering  the 
voting  machine  booth  shall  ask  for  further  instructions  concerning  the 


84 

manner  of  voting,  two  judges  of  opposite  political  parties  shall  give 
such  instructions  to  him;  but  no  judge  or  other  election  officer,  or 
person  assisting  an  elector,  shall  in  any  manner  request,  suggest  or 
seek  to  pursuade,  or  induce  any  such  elector  to  vote  any  particular 
ticket,  or  for  any  particular  candidate,  or  for  or  against  any  partic- 
ular amendment,  question  or  proposition.  After  receiving  such  in- 
structions, such  elector  shall  vote  as  in  the  case  of  an  unassisted  voter. 

11.  BALLOT  LABEL.]     [§  440,  Ch.  46,  R.  S.]     That  portion  of  card- 
board, paper  or  other  material  placed  on  the  front  of  the  machine  and 
containing  the  names  of  the  candidates,  or  a  statement  of  the  proposed 
constitutional  amendment  or  other  question  or  proposition  to  be  voted 
on,  shall  be  known  in  this  Act  as  a  ballot  label.    The  ballot  label  shall 
be  supplied  by  the  official  or  officials  charged  by  law  with  providing 
material  for  the  holding  of  an  election  or  elections,  and  shall  be  printed 
in  black  ink  on  clear  white  material  of  such  size  as  will  fit  the  machine, 
and  in  plain,  clear  type,  as  large  as  the  space  will  reasonably  permit. 
The  party  name  or  other  designation  shall  be  prefixed  to  the  list  of 
candidates  of  such  party.    The  order  of  the  lists  of  candidates  of  the 
several  parties  shall  be  arranged  as  is  now  provided  by  law,  except 
that  the  lists  mayx  be  placed  in  horizontal  rows  of  vertical  columns, 
which  parties  may,  if  desired,  be  divided  into  parallel  and  contiguous 
rows  or  columns,  and  except  that  where  presidential  electors  are  to  be 
voted  for  at  any  election,  and  the  machine  to  be  used  will  not  carry  the 
names  of  all  candidates  for  such  electors,  then  there  may  be  placed  on 
the  ballot  label  the  words  "Presidential  Electors,"  under  the  name  of 
each  political  party. 

12.  SAMPLE  BALLOT  LABEL.]     [§  441,  Ch.  46,  R.  S.]     The  officers 
or  board  charged  with  the  duty  of  providing  ballots  and  ballot  labels 
for  any  polling  place  shall  provide  therefor  two  sample  ballot  labels, 
which  shall  be  arranged  in  the  form  of  a  diagram,  showing  the  entire 
front  of  the  voting  machine  as  it  will  appear  after  the  official  ballot 
labels  are  arranged  for  voting  on  election  day.     Such  sample  ballot 
labels  shall  be  displayed  for  public  inspection  at  such  polling  place 
during  the  day  preceding  election  day. 

13.  FOUR   SETS   OF   BALLOT   LABELS   PROVIDED DUTY   OF    OFFICERS   IN 

PUTTING    MACHINE    IN    ORDER,    ETC DELIVERY    OF    MACHINE    IN    ROOM 

WHERE  ELECTION  IS  HELD DUTY  OF  JUDGES  AND  CLERKS.]       [§  442,  Ch. 

46,  R.  S.]  Four  sets  of  ballot  labels  for  use  in  the  voting  machine 
shall  be  provided  for  each  polling  place  for  each  election  by  the  officer 
or  officers  now  charged  by  law  with  the  duty  of  furnishing  such  elec- 
tion precincts  with  ballots.  In  such  manner  shall  be  furnished,  also, 
all  other  necessary  material  for  the  use  of  the  voting  machines.  The 
same  officer  or  officers  shall,  before  the  day  of  election,  cause  the 
proper  ballot  labels  to  be  put  upon  each  machine  corresponding  with 
the  sample  ballot  labels  herein  provided  for,  and  the  machine  in  every 
way  to  be  put  in  order,  set  and  adjusted,  ready  for  use  in  voting  when 
delivered  at  the  precinct;  and  for  the  purpose  of  so  labeling  the  ma- 
chine, putting  in  order,  setting  and  adjusting  the  same  they  may  em- 
ploy one  or  more  competent  persons,  and  cause  him  or  them  to  be 


85 

paid  in  the  same  manner  as  other  election  officers  are  paid.  And  the 
same  officer  or  officers  shall  cause  the  machine  so  labeled  in  order,  set 
and  adjusted,  to  be  delivered  at  the  voting  precinct,  together  with  all 
necessary  furniture  and  appliances  that  go  with  the  same,  in  the  room 
where  the  election  is  to  be  held  in  the  precinct,  not  later  than  6:00 
o'clock,  p.  m.  of  the  day  preceding  the  election.  After  the  delivery  of 
the  machine,  and  on  the  same  day,  the  judges  and  clerks  of  election 
of  the  precinct  may  meet  at  said  room,  open  the  package  containing 
the  sample  ballots,  and  if  necessary  the  ballot  labels,  and  see  that  the 
machine  is  correctly  labeled,  set  and  adjusted  ready  for  use  in  voting; 
and  if  the  same  is  not  so  labeled,  set  and  adjusted  and  in  order,  they 
shall  cause  it  to  be  done.  On  the  morning  of  the  election,  the  election 
officers  shall  meet  in  the  said  room  at  least  one  hour  before  the  time  for 
opening  the  polls.  They  shall  see  that  the  sample  ballot  labels  and  in- 
struction cards  are  posted  properly,  and  everything  put  in  readiness 
for  the  voting  at  the  hour  of  opening  the  polls.  The  officers  shall  com- 
pare ballot  labels  on  the  machine  with  the  sample  ballots,  see  that 
they  are  correct,  examine  and  see  that  all  the  counters  in  the  machine 
are  set  at  naught  or  zero  (o),  and  that  the  machine  is  otherwise  in  per- 
fect order,  and  they  shall  not  thereafter  permit  the  counters  to  be 
operated  or  moved  except  by  electors  in  voting,  and  they  shall  also  see 
that  all  necessary  arrangements  and  adjustments  are  made  for  voting 
irregular  ballots  on  the  machine. 

14.  IRREGULAR  BALLOTS.]     [§  443,  Ch.  46,  R.  S.]     Ballots  voted  for 
any  person  whose  name  does  not  appear  on  the  ballot  label  on  the 
machine  as  a  candidate  for  office,  are  herein  referred  to  as  irregular 
ballots.     In  voting  for  presidential  electors,  a  voter  may  vote  an  ir- 
regular ticket  made  up  of  the  names  of  persons  in  nomination  by  dif- 
ferent parties,  or  partially  of  the  names  of  persons  so  in  nomination 
and  partially  of  persons  not  in  nomination  by  any  party.     Such  ir- 
regular ballots  shall  be  deposited,  written  or  affixed  in  or  upon  the 
receptacle  or  device  provided  on  the  machine  for  that  purpose. 

15.  WITH  CLOSE  OF  POLLS,  MACHINE  LOCKED  AND  COUNTING  COM- 
PARTMENT OPENED.]     [§  444,  Ch.  46,  R.  S.]     As  soon  as  the  polls  are 
closed,  the  voting  machine  shall  be  locked  against  voting,  and  the 
counting  compartment  opened  in  the  presence  of  all  the  judges  and 
clerks  of  election,  and  all  other  persons  who  may  be  lawfully  within  the 
room,  giving  full  view  of  the  numbers  announcing  the  votes  cast  for 
each  candidate,  and  for  and  against  the  various  constitutional  amend- 
ments, questions  or  other  propositions. 

16.  ASCERTAINING   NUMBER  OF   VOTES — WRITTEN    STATEMENTS  TO 

BE  SIGNED  BY  ELECTION  OFFICERS — IRREGULAR  BALLOTS MACHINE  TO 

BE  LOCKED  FOR  THIRTY  DAYS.]     [§  445,  Ch.  46,  R.  S.]     The  election 
officers  shall  then  ascertain  the  number  of  votes  which  the  candidates 
have  received  both  on  the  machine  and  by  the  voting  of  irregular  bal- 
lots, if  any,  and  one  of  the  judges  shall  publicly  announce  in  a  dis- 
tinct voice  the  total  vote  for  each  candidate  thus  ascertained  in  the 
order  of  the  offices  as  their  titles  are  arranged  on  the  ballot  label.  ^  He 
shall  then  announce  in  the  same  manner  the  vote  on  each  constitutional 


86 

amendment,  proposition  or  other  question.  Before  leaving  the  room 
and  before  closing  and  locking  the  counting  compartment,  the  election 
officers  shall  make  and  sign  written  statements  or  returns  of  such  elec- 
tion, as  now  required  by  law.  When  irregular  ballots  have  been  voted, 
they  shall  be  returned,  preserved  and  finally  destroyed  as  is  now  pro- 
vided by  law  in  the  case  of  other  election  ballots.  The  written  state- 
ments or  returns  so  made,  after  having  been  properly  signed,  shall  be 
distinctly  and  clearly  read  in  the  hearing  of  all  persons  present,  and 
ample  opportunity  shall  be  given  to  compare  the  results  so  certified 
with  the  counter  dials  of  the  machine.  After  such  comparison  and  cor- 
rection, if  any  is  made,  the  election  officers  shall  then  close  the  count- 
ing compartment  and  lock  the  same.  Thereafter  the  machine  shall 
remain  locked  for  a  period  of  at  least  thirty  days,  unless  otherwise 
ordered  by  a  court  of  competent  jurisdiction. 

17.  KEYS    TO   BE   RETURNED    WITH    WRITTEN    STATEMENT.]        [§    446, 

Ch.  46,  R.  S.]  When  the  machine  is  locked  at  the  close  of  an  election 
in  the  manner  required  by  this  Act,  the  judges  shall  place  all  keys  of 
the  machine  on  a  single  piece  of  flexible  wire;  unite  the  ends  of  such 
wire  in  a  firm  knot,  label  the  same  with  the  make  and  number  of  the 
machine  and  the  precinct  at  which  it  was  used  at  such  election,  and  re- 
turn such  keys  along  with  the  written  statements  or  returns  of  such 
election. 

18.  WHERE  MACHINE  SUPPLIED  WITH  RECORDING  DEVICE.]     [§  447, 
Ch.  46,  R.  S.]     A  voting  machine  which  possesses  all  the  qualities  re- 
quired by  this  Act,  may  be  supplied  in  addition  with  any  recording  de- 
vice on  which  all  the  votes  registered  on  the  mechanical  counters  will 
be  separately  recorded.    When  a  machine  is  supplied  with  such  device, 
the  same  shall  not  be  taken  out  or  examined  by  the  election  officers 
who  make  the  returns  from  the  precinct,  but  such  machine  shall  be 
locked  with  such  device  therein,  and  so  remain  for  a  period  of  at  least 
thirty  days,   unless  within  that  time  the  machine   shall   be   ordered 
opened  by  some  court  of  competent  jurisdiction.    At  the  end  of  thirty 
days,  such  device  may  be  taken  out,  unless  otherwise  ordered  by  a  court 
of  competent  jurisdiction. 

19.  PENALTY  FOR  PERSON  TAMPERING  WITH  MACHINE.]      [§  448, 
Ch.  46,  R.  S.]     Any  person,  not  an  election  officer  or  other  public 
officer,  who  shall  tamper  or  attempt  to  tamper  with  such  voting  ma- 
chine or  voting  machines,  or  in  any  way  intentionally  impair  or  attempt 
to  impair  its  use,  and  any  such  person  who  shall  be  guilty  of  or  shall 
attempt  any  dishonest  practice  upon  any  such  machine,  or  with  or 
by  its  use,  shall  be  deemed  guilty  of  a  felony,  and  shall  be  punishable 
by  a  fine  of  from  $100  to  $1,000,  or  by  imprisonment  for  a  term  of 
from  one  to  five  years,  or  by  both  fine  and  imprisonment. 

20.  PENALTY  FOR    OFFICIAL    TAMPERING,  ETC.,    WITH  MACHINE.] 
[§  449,  Ch.  46,  R.  S.]     Any  clerk  or  judge  of  an  election,  or  any  other 
public  officer  authorized  to  take  part  in  the  holding  of  an  election  or 
in  preparing  for  an  election,  who,  with  intent  to  cause  or  permit  any 
voting  machine  to  fail  to  register  correctly  all  votes  cast  thereon ;  who 


87 

tampers  with,  or  disarranges  such  machine  in  any  way,  or  any  part 
or  appliance  thereof  y  or  who  causes  or  consents  to  said  machine  being 
used  for  voting  at  any  election  with  knowledge  of  the  fact  that  the 
same  is  not  in  order,  or  not  perfectly  set  and  adjusted  so  that  it  will 
correctly  register  all  votes  cast  thereon ;  or  who,  with  the  purpose  of 
defrauding  or  deceiving  any  voter,  or  of  causing  it  to  be  doubtful  for 
what  ticket  or  candidate  or  candidates  or  proposition  any  vote  is  cast, 
or  of  causing  it  to  appear  on  said  machine  that  votes  cast  for  one 
ticket,  candidate  or  proposition,  were  cast  for  another  ticket,  candi- 
date or  proposition,  removes,  changes  or  mutilates  any  ballot  label  on 
said  machine  or  any  part  thereof,  or  does  any  other  thing  intended  to 
interfere  with  the  validity  of  the  election,  shall  be  deemed  guilty  of  a 
felony,  and,  upon  conviction,  shall  be  imprisoned  in  the  State  prison 
not  less  than  one  year  nor  more  than  ten  years,  to  which  may  be  added 
a  fine  not  exceeding  $1,000. 

21.  PENALTY  FOR  NEGLECT  OF  DUTY  BY  PUBLIC  OFFICER  OR  ELECTION 
OFFICER.]     [§  450,  Ch.  46,  R.  S.]     Any  public  officer,  or  any  election 
officer  upon  whom  any  duty  is  imposed  by  this  Act,  and  who  shall  wil- 
fully omit  or  neglect  to  perform  such  duty,  or  who  shall  do  any  act 
prohibited   herein   for  which  punishment  is   not   otherwise  provided 
herein,  shall,  upon  conviction,  be  imprisoned  in  the  State  prison  for 
not  less  than  one  year  nor  more  than  ten  years,  or  be  fined  in  any.  sum 
not  exceeding  $1,000,  or  may  be  punished  by  both  such  imprisonment 
and  fine. 

22.  PROVISIONS  OF  ELECTION  LAW  NOT  INCONSISTENT  WITH  ACT  AP- 
PLY.]    [§451,  Ch.  46,  R.  S.]     All  the  provisions  of  the  election  law, 
not  inconsistent  with  this  Act,  shall  apply  to  all  the  elections  in  the  pre- 
cincts where  such  voting  machines  are  used.     Any  provisions  of  law 
which  conflict  with  the  use  of  such  machine  or  machines  as  herein  set 
forth,  shall  not  apply  to  the  precinct  or  precincts  in  which  an  election 
is  conducted  by  the  use  of  such  machine  or  machines. 

Approved  May  14,  1903;  in  force  July  I,  1903. 


88 


PRIMARY  ELECTIONS. 


(Index  on  Page  127.) 


§      3- 

What      candidates      nominated  — 

§  16. 

committeemen  —  exemptions  — 

proviso. 

§  17. 

§     2. 

Political  party  defined. 

§   18. 

§     3. 

Party  vote  —  how  determined. 

§   19. 

§     4. 

Words     and     phrases  —  how     con- 

strued. 

§  20. 

§      5. 

Polling  places. 

§     6. 

Dates  of  primaries  —  hours. 

§  21. 

§     7. 

Voter's  leave  of  absence. 

§   22. 

§     8. 

Committees  —  central   or   managing. 

§  23. 

§     9. 

Committees  —  composition  —  or- 

§  24. 

ganization  —  powers,  etc. 

(1)     State  central  committee. 

§   25. 

(2)     Precinct  committee. 

§  26. 

(3)     County    central    commit- 

tee. 

§   27. 

(4)     Senatorial    committee. 

(5)     Congressional       commit- 

§ 28. 

tee. 

§  29. 

(6)     City    central    committee. 

(7)     Powers    and    duties    of 

committees. 

§  30. 

(8)     Existing    party    commit- 
tees recognized. 

§   31. 

§   10. 

Convention    dates   —   organization 
—delegates  —  call,  etc. 

§  32. 

§  33. 

(a)     County  conventions. 

(b)     Senatorial    conventions. 

§   34. 

(c)     Congressional        conven- 

§OK 

tions. 

DO. 

(d)     State   conventions. 

§  36. 

(e)     Functions      of      conven- 

tions. 

§   37. 

(f)      Calls    for    convention  — 

filing  —  form. 

§  38. 

§   11. 

Representatives     in     General     As- 
sembly —  number  —  how  voted  for. 

§  39. 
§   40. 

§   12. 

Aldermen  under  minority  represen- 

tation. 

§   41. 

§  13. 

Notice  of  primary  —  duty  of  clerks. 

§  42. 

§   14. 

Judges  of  primary. 

§   43. 

§   15. 

Judges  hold  over. 

§  44. 

Judges  absent,  etc. — vacancies. 
Clerks  of  primary. 

Oath  of  judges  and  clerks — form — 
liability. 

Oath  of  judges  and  clerks — admin 
istration. 

Judges  and  clerks — powers  and  du- 
ties. 

Judges  and  clerks — pay. 

Challengers. 

Booths — electioneering  prohibited. 

Ballot  boxes. 

Supplies. 

Expenses. 

Poll  books — form — certificates. 

Tally  sheets — form. 

U.    S.    Senator — petition — advisory 
vote. 

Petition — form — number  of  signers. 

Petition — filing — withdrawal. 

Certificate  to  county  clerk. 

Ballots — by  whom  printed. 

Ballots — names  printed   on. 

Ballots — color — size,  etc. 

Ballots — form. 

Ballots — endorsement. 

Specimen  ballots. 

Ballots — delivery   to  judges. 

Ballots — receipt  for. 

Extra  ballots. 

Polls — opening  and   closing. 

Ballot  box — care  and  custody. 

Qualifications   of  voters. 


45.  Voter — party   affiliation,  etc. 

46.  Challenged  voter — affidavits. 

47.  Ballot — how  marked. 

48.  Ballot — how  voted. 

49.  Assistance   to   voter. 

50.  No  adjournment  or  recess. 

51.  Canvass  at  polling  place. 

52.  Ballots— "defective,"  etc. 

53.  Canvass  of  ballots. 

54.  Canvass  of  ballots — certificates. 

55.  Ballots — strung,     sealed     and     en- 

dorsed. 

56.  Precinct  returns — how  made. 

57.  Canvass  of  returns. 

58.  Certificates  of  nomination  and  elec- 

tion. 

59.  Plurality   nominations — tie  vote. 

60.  Ballot  for  general  election. 

61.  Special  elections — filling  vacancies. 

62.  Board  of  election   commissioners — 

duties. 

§  63.  Contests. 


§  64.     Independent  candidates. 

§  65.     Liquor — penalty. 

§  66.     False  swearing  deemed  perjury. 

§  67.     Illegal    voting — bribery,    etc. — pen- 
alty. 

§  68.     Bribery    defined — prosecution — pem- 
alty. 

§  69.     Disorderly    conduct — penalty. 

§  70.     Wagers — penalty. 

§  71.     Offenses   of   judges — penalty. 

§  72.     Disclosing     how     elector     voted — 
penalty. 

§  73.     Offenses    of    clerk — penalty. 

§  74.     Failure   to   deliver   returns,    etc. — 
penalty. 

§  75.     Neglect   or    refusal    of    clerk — pen- 
alty. 

§  76.     Offenses    in    canvassing    returns — 
penalty. 

§  77.     Stealing     or     defacing     returns — 
penalty. 

§  78.  False  entries  etc. — penalty. 

§  79.  Other    violations — penalty. 

§  80.  Repeal. 

§  81.  Invalidity. 


(SENATE  BILL  No.  606.  APPROVED  FEBRUARY  21,  1908.) 

AN  ACT  to  provide  for  the  holding  of  primary  elections  by  political 

parties. 

SECTION  i.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  The  nomination  of  all  candi- 
dates for  all  elective  State,  congressional,  senatorial,  county,  city  and 
village  (including  officers  of  the  municipal  court  of  Chicago),  town 
and  judicial  offices,  members  of  the  State  board  of  equalization, 
clerks  of  the  appellate  courts,  trustees  of  sanitary  districts,  and  for  the 
election  of  precinct,  senatorial  and  State  central  committeemen,  by  all 
political  parties,  as  defined  by  section  2  of  this  Act,  shall  be  made  in 
the  manner  provided  in  this  Act,  and  not  otherwise:  Provided,  this 
Act  shall  not  apply  to  the  nomination  of  candidates  for  electors  of 
President  and  Vice  President  of  the  United  States,  and  trustees  of  the 
University  of  Illinois :  And,  provided,  further,  that  this  Act  shall  not 
apply  to  township  and  school  elections. 

The  name  of  no  person,  nominated  by  a  party  required  hereunder 
to  make  nominations  of  candidates  shall  be  placed  upon  the  official 
ballot  to  be  voted  at  the  election  to  be  held  the  first  Tuesday  after 
the  first  Monday  in  the  month  of  November,  A.  D.  1908,  as  a  candi- 
date for  any  office,  when  provision  is  made  herein  for  nominating 
candidates  for  such  office,  except  President  and  Vice  President 
of  the  United  States,  unless  such  person  shall  have  been  nominated 


90 

for  such  office  under  the  provisions  of  this  Act,  and  all  nominations 
made  prior  to  July  i,  A.  D.  1908,  of  candidates  for  any  such  office 
to  be  voted  for.  at  said  election  are  hereby  declared  of  no  effect  and 
no  nomination  for  any  such  office  made  prior  to  July  i,  A.  D.  1908, 
shall  entitle  any  person,  so  nominated,  to  have  his  name  placed  upon 
the  official  ballot  to  be  voted  at  said  election. 

§  2.  A  political  party,  which  at  the  general  election  for  State  and 
county  officers  then  next  preceding  a  primary,  polled  more  than  two 
per  cent  of  the  entire  vote  cast  in  the  State,  is  hereby  declared  to  be 
a  political  party  within  the  State,  and  shall  nominate  all  candidates 
provided  for  in  this  Act  under  the  provisions  hereof. 

A  political  party,  which  at  the  general  election  for  State  and 
county  officers  then  next  preceding  a  primary  cast  more  than  two 
per  cent  of  the  entire  vote  cast  within  any  congressional  or  senatorial 
district,  is  hereby  declared  to  be  a  political  party  within  the  meaning 
of  this  Act,  within  such  congressional  or  senatorial  district  and  shall 
nominate  its  candidates  for  representative  in  Congress,  for  member 
of  the  State  board  of  equalization  and  for  senatorial  offices  within 
said  district,  under  the  provisions  hereof. 

A  political  party,  which  at  the  general  election  for  State  and 
county  officers  then  next  preceding  a  primary,  cast  more  than  two 
per  cent  of  the  entire  vote  cast  in  any  county,  is  hereby  declared  to  be 
a  political  party  within  the  meaning  of  this  Act,  within  said  county, 
and  shall  nominate  all  county  officers  in  said  county  under  the  pro- 
visions hereof. 

A  political  party,  which  at  the  general  election  for  city  and  village 
officers  then  next  preceding  a  primary,  cast  more  than  two  per  cent 
of  the  entire  vote  cast  in  any  city  or  village,  is  hereby  declared  to  be 
a  political  party  within  the  meaning  of  this  Act,  within  said  city  or 
village,  and  shall  nominate  all  city  or  village  officers  in  said  city 
or  village  under  the  provisions  hereof. 

A  political  party,  which  at  the  general  election  for  town  officers 
then  next  preceding  a  primary,  cast  more  than  two  per  cent  of  the 
entire  vote  cast  in  said  town,  is  hereby  declared  to  be  a  political  party 
within  the  meaning  of  this  Act,  within  said  town,  and  shall  nominate 
all  town  officers  in  said  town  under  the  provisions  hereof. 

A  political  party,  which  at  the  general  election  in  any  other  munici- 
pality or  political  subdivision,  except  townships  and  school  districts, 
for  municipal  or  other  offices  therein,  then  next  preceding  a  primary, 
cast  more  than  two  per  cent  of  the  entire  vote  cast  in  such  municipality 
or  political  subdivision,  is  hereby  declared  to  be  a  political  party  within 
the  meaning -of  this  Act  within  said  municipality  or  political  subdivision, 
and  shall  nominate  all  municipal  or  other  officers  therein  under  the 
provisions  hereof. 

§  3.  In  determining  the  total  vote  of  a  political  party,  whenever 
required  by  this  Act,  the  test  shall  be  the  total  vote  cast  by  such 
political  party  for  its  candidate  who  received  the  greatest  number  of 
rotes. 


§  4-  The  following  words  and  phrases  in  this  Act  shall,  unless  the 
same  be  inconsistent  with  the  context,  be  construed  as  follows: 

1.  The  word  "primary,"  the  primary  election  provided  for  in  this 
Act. 

2.  The  word  "election,"  a  general  election,  as  distinguished  from  a 
special  election  or  a  primary  election. 

3.  The  word  "precinct,"  a  voting  district  heretofore  or  hereafter 
established  by  law  within  which  all  qualified  electors  vote  at  one  polling 
place. 

4.  The  words  "State  offices"  or  "State  officer,"  an  office  to  be 
filled,  or  an  officer  voted  for,  by  the  qualified  electors  of  the  entire 
State. 

5.  The   words    "congressional   office"   or   "congressional   officer," 
representatives  in  Congress  and  members  of  the  State  board  of  equali- 
zation. 

6.  The  words  "senatorial  office"  or  "senatorial  officer,"  State  sena- 
tor and  representative  in  the  General  Assembly. 

7.  The  words  "judicial  office"  or  "judicial  officer,"  judges  of  tht 
supreme  and  circuit  courts  and  judges  of  the  superior  court  of  Cook 
county. 

8.  The  words  "county  office"  or  "county  officer,"  an  office  to  be  filled, 
or  an  officer  to  be  voted  for,  by  the  qualified  electors  of  the  entir« 
county ;  members  of  the  board  of  assessors  and  county  commissioners 
of  Cook  county. 

9.  The  words  "city  office"  and  "village  office,"  or  "city  officer," 
and  "village  officer,"  an  office  to  be  filled  or  an  officer  to  be  voted  for 
by  the  qualified  electors  of  the  entire  city  or  village,  as  the  case  may 
be,  including  aldermen. 

10.  The  words  "town  office"  or  "town  officer,"  an  office  to  be  filled 
or  an  officer  to  be  voted  for,  by  the  qualified  electors  of  an  entire 
town. 

11.  The  word  "town"  as  used  in  this  Act  shall  be  construed  to 
mean  an  incorporated  town. 

§  5.  The  primary  herein  provided  for  shall  be  held  at  the  regular 
polling  places,  as  now  established,  or  which  may  hereafter  be  estab- 
lished, for  the  purpose  of  a  general  election. 

§  6.  A  primary  shall  be  held  on  the  second  Tuesday  in  April  in  every 
year  except  the  year  A.  D.  1908,  in  which  year  a  primary  shall  be  held 
on  the  8th  day  of  August,  A.  D.  1908,  in  which  officers  are  to  be  voted 
for  on  the  first  Tuesday  after  the  first  Monday  in  November  of  such 
year,  for  the  nomination  of  candidates  for  such  offices  as  are  to  be 
voted  for  at  such  November  election,  and  shall  be  known  as  the  April 
primary :  Provided,  however,  that  wherever  in  this  Act  the  term  "April 
primary,"  or  equivalent  words  shall  appear,  such  term  or  such  words 
shall  be  construed,  as  to  the  primary  held  in  August,  A.  D.  1908,  to 
refer  to  and  govern  such  primary  so  held  in  August,  A.  D.  1908. 

A  primary  shall  be  held  on  the  second  Tuesday  in  April  in  any  year 
in  which  judges  of  the  supreme  court,  judges  of  the  circuit  court  and 
judges  of  the  superior  court  of  Cook  county,  or  any  of  them,  are  to 


92 

be  elected  at  an  election  to  be  held  on  the  first  Monday  in  June  of 
each  year  for  the  nomination  of  candidates  for  such  offices  respectively. 

A  primary  shall  be  held  on  the  last  Tuesday  in  February  in  each 
year  for  the  nomination  of  such  officers  as  are  to  be  voted  for  on  the 
first  Tuesday  in  April  of  such  year. 

A  primary  shall  be  held  on  the  second  Tuesday  in  March  in  each  year 
for  the  nomination  of  such  officers  as  are  to  be  voted  for  on  the  third 
Tuesday  in  April  of  such  year. 

A  primary  for  the  nomination  for  all  other  officers,  nominations 
for  which  are  required  to  be  made  under  the  provisions  of  this  Act, 
shall  be  held  three  weeks  preceding  the  date  of  the  general  election 
for  such  offices  respectively. 

The  polls  shall  be  open  from  six  o'clock  a.  m.  to  five  o'clock  p.  m. 

§  7.  Any  person  entitled  to  vote  at  such  primary  shall,  on  the  day 
of  such  primary,  be  entitled  to  absent  himself  from  any  service  or 
employment  in  which  he  is  then  engaged  or  employed  for  a  period 
of  two  hours  between  the  time  of  opening  and  closing  the  polls,  and 
such  primary  elector  shall  not,  because  of  so  absenting  himself,  be 
liable  to  any  penalty  nor  shall  any  reduction  be  made  on  account 
of  such  absence,  from  his  usual  salary  or  wages:  Provided,  however, 
that  applications  for  such  leave  of  absence  shall  be  made  prior  to  the 
day  of  primary.  The  employer  may  specify  the  hours  during  which 
said  employe  may  absent  himself. 

§  8.  The  following  committees  shall  constitute  the  central  or  man- 
aging committees  of  each  political  party,  viz : 

A  State  central  committee ;  a  congressional  committee  for  each  con- 
gressional district;  a  senatorial  committee  for  each  senatorial  district; 
a  county  central  committee  for  each  county;  a  city  central  committee 
for  each  city  or  village;  and  a  precinct  committee  for  each  precinct: 
Provided,  however,  that  nothing  herein  contained  shall  prevent  a  politi- 
cal party  from  electing  or  appointing  in  accordance  with  its  practice 
other  committees. 

§  9.  (i).  The  State  central  committee  shall  be  composed  of  one 
member  from  each  congressional  district  in  the  State,  and  shall  be 
elected  as  follows : 

At  the  August  primary  held  in  the  year  A.  D.  1908,  and  at  the 
April  primary  held  every  two  years  thereafter,  each  primary  elector 
may  vote  for  one  candidate  of  his  party  for  member  of  the  State 
central  committee  for  the  congressional  district  in  which  he  resides. 
The  State  central  committee  of  each  political  party  shall  be  composed 
of  members  elected  from  the  several  congressional  districts  of  the 
State  as  herein  provided,  and  of  no  other  person  or  persons  whomso- 
ever. The  members  of  the  State  central  committee  shall,  within 
thirty  days  after  their  election,  meet  in  the  city  of  Springfield,  and 
organize  by  electing  from  among  their  number  a  chairman  and  may 
at  such  time  elect  such  other  officers  from  among  their  own  number, 
or  otherwise,  as  they  may  deem  necessary  or  expedient.  The  outgoing 
chairman  of  the  State  central  committee  of  the  party  shall,  ten  days 
before  the  meeting,  notify  each  member  of  the  State  central  committee 
elected  at  the  primary  of  the  time  and  place  cf  such  meeting. 


93 

(2)  At  the  August  primary  held  in  August,  A.  D.  1908,  and  at  the 
April  primary  held  every  two  years  thereafter,  each  primary  elector 
may  write  or  attach  in  the  space  left  on  the  primary  ballot  for  that 
purpose  the  name  of  one  qualified  primary  elector  of  his  party  in  the 
precinct  for  member  of  his  political  party  precinct  committee.     The 
one  having  the  highest  number  of  votes  shall  be  such  committeeman 
of  such  party  for  such  precinct.    In  case  of  a  tie  the  primary  judges 
shall  cast  lots.    The  official  returns  of  the  primary  judges  shall  show 
the  name  and  address  of  the  committeeman  of  each  political  party. 

(3)  The  county  central  committee  of  each  political  party  shall 
consist  of  the  members  of  the  various  precinct  committees  of  such  party 
in  the  county. 

(4-  The  senatorial  committee  of  each  political  party  shall  be 
elected  as  follows: 

(a)  In  senatorial  districts  comprised  of  three  or  more  counties, 
the  senatorial  committee  shall  be  composed  of  one  member  elected  from 
each  county  of  such  senatorial  district. 

At  the  August  primary  held  in  the  year  A.  D.  1908,  and  at  the 
April  primary  held  every  two  years  thereafter,  each  primary  elector, 
may  vote  for  one  candidate  of  his  party  residing  in  his  county  for 
member  of  the  senatorial  committee  of  his  party. 

(b)  In  senatorial  districts  comprised  of  two  counties  the  senatorial 
committee  shall  be  composed  of  three  members,  two  of  whom  shall  be 
elected  from  the  county  in  which  such  political  party,  at  the  general 
election  for  State  and  county  officers  then  next  preceding  a  primary 
polled  the  larger  number  of  votes  in  such  senatorial  district,  and  one 
of  whom  shall  be  elected  from  the  other  county  of  such  senatorial 
district. 

At  the  August  primary  held  in  the  year  A.  D.  1908,  and  at  the 
April  primary  held  every  two  years  thereafter,  each  primary  elector, 
residing  in  a  county  in  which  such  political  party  at  the  general  election 
for  State  and  county  officers  then  next  preceding  a  primary,  polled 
the  larger  number  of  votes  in  such  senatorial  district,  may  vote  for 
two  candidates  of  his  party,  residing  in  his  county,  for  members  of 
the  senatorial  committee  of  his  party  (  and  at  such  primary  in  the  other 
county  of  such  senatorial  district,  each  primary  elector  may  vote  for 
one  candidate  of  his  party)  residing  in  his  county  for  member  of  the 
senatorial  committee  of  his  party. 

(c)  In  senatorial  districts  composed  of  one  county,  and  in  sena- 
torial districts  wholly  within  the  territorial  limits  of  one  county  or 
partly  within  the  territorial  limits  of  one  county  and  partly  within 
the  territorial  limits  of  another  county,  the  senatorial  committee  shall 
be  composed  of  three  members  elected  from  such  senatorial  district. 

At  the  August  primary  held  in  the  year  A.  D.  1908,  and  at  the  April 
primary  held  every  two  years  thereafter,  each  primary  elector  may 
vote  for  three  candidates  of  his  party,  residing  in  such  senatorial  dis- 
trict, for  members  of  the  senatorial  committee  of  his  party. 

Within  thirty  days  after  its  election,  the  senatorial  committee  shall 
meet  and  proceed  to  organize  by  electing  from  among  its  own  number 
a  chairman,  and  either  from  among  its  own  number  or  otherwise, 


94 

such  other  officers  as  said  committee  may  deem  necessary  or  ex- 
pedient. The  outgoing  chairman  of  the  senatorial  committee  of  the 
party  shall  notify  the  members  elected  of  the  time  and  place  (which 
shall  be  in  the  limits  of  such  senatorial  district)  of  such  meeting. 

(5)  The  congressional  committee  of  each  political  party  shall  be 
composed  of  the  chairmen  of  the  county  central  committees  of  the 
counties  composing  the  congressional  district,  excepting  that  in  con- 
gressional districts  wholly  within  the  territorial  limits  of  one  county, 
or  partly  within  the  territorial  limits  of  one  county  and  partly  within 
the  territorial  limits  of  another  county,  then  the  members  of  the  pre- 
cinct committees  of  the  party  residing  within  the  limits  of  the  con- 
gressional district  shall  compose  the  congressional  committee. 

(6)  The  city  central  committee  of  each  political  party  shall  be 
composed  of  the  precinct  committeemen  of  such  party  residing  in  such 
city. 

(7)  Each  committee  and  its  officers  shall  have  the  powers  usually 
exercised  by  such  committees,  and  by  the  officers  thereof,  not  incon- 
sistent with  the  provisions  of  this  Act.    The  several  committees  herein 
provided  for  shall  not  have  power  to  delegate  any  of  their  powers 
or  functions  to  any  other  person,  officer  or  committee,  but  this  shall 
not  be  construed  to  prevent  a  committee  from  appointing  from  its 
own  membership,  proper  and  necessary  sub-committees,  and  particu- 
larly defining,  by  resolution,  the  duties  of  such  sub-committees. 

(8)  The  various  political  party  committees  now  in  existence  are 
hereby  recognized  and  continued,  and  shall  exercise  the  powers  and 
perform  the  duties  herein  prescribed  until  their  successors  are  chosen, 
in  accordance  with  the  provisions  of  this  Act. 

§  10.  (a)  On  the  second  Wednesday  next  succeeding  the  April 
primary,  the  county  central  committee  of  each  political  party  shall 
meet  at  the  county  seat  of  the  proper  county,  and  proceed  to  organize 
by  electing  from  among  its  own  number  a  chairman,  and  either  from 
among  its  own  number  or  otherwise,  such  other  officers  as  said  com- 
mittee may  deem  necessary  or  expedient.  Such  meeting  of  the  county 
central  committee  shall  be  known  as  the  county  convention.  The 
county  convention  of  each  political  party  shall  choose  delegates  to  the 
senatorial,  congressional  and  State  convention  of  its  party:  Provided, 
only  precinct  committeemen  residing  within  the  limits  of  a  senatorial 
or  congressional  district  shall  participate  in  the  selection  of  delegates 
to  senatorial  and  congressional  conventions  respectively:  And,  pro- 
vided, further,  that  in  the  county  convention  that  each  delegate  to  the 
county  convention  shall  have  one  vote  and  one  additional  vote  for  each 
fifty  or  major  fraction  thereof  of  his  party  as  cast  in  his  precinct  at  the 
last  general  election. 

(b)  All  senatorial  conventions  shall  be  held  on  the  third  Wednesday 
next  succeeding  the  April  primary. 

(c)  All  congressional  conventions   shall  be  held   on   the   fourth 
Wednesday  next  succeeding  the  April  primary.     The  congressional 
convention  of  each  political  party  shall  have  power  to  choose  and 
select  delegates  and  alternate  delegates  to  national  nominating  con- 
ventions and  to  recommend  to  the  State  convention  of  its  party  the 


95 

nomination  of  candidate  or  candidates  from  such  congressional  district 
for  elector  or  electors  of  President  and  Vice  President  of  the  United 
States. 

(d)  All  State  conventions  shall  be  held  on  the  fifth  Wednesday 
next  succeeding  the  April  primary.     The  State  convention  of  each 
political  party  shall  have  power  to  make  nominations  of  candidates 
for  the  electors  of  President  and  Vice  President  of  the  United  States, 
and  for  trustees  of  the  University  of  Illinois,  and  to  adopt  any  party 
platform  and  to  choose  and  select  in  accordance  with  the  rules  and 
regulations  of  its  party  delegates  and  alternate  delegates  to  national 
nominating  conventions. 

(e)  Each  convention  may  perform  all  other  functions  inherent  to 
such  political  organization  and  not  inconsistent  with  this  Act. 

(f)  At  least  thirty-three  (33)  days  before  the  April  primary  the 
State,  congressional  and  senatorial  committee,   respectively,  of  each 
political  party  shall  file  in  the  office  of  the  county  clerk  in  each  county 
of  the  State  or  in  each  county  of  the  congressional  or  senatorial  dis- 
trict, a  call  for  the  State,  congressional  and  senatorial  conventions. 
Said  call  shall  state,  among  other  things,  the  time  and  place  (desig- 
nating the  building  or  hall)  for  holding  the  State,  congressional  and 
senatorial   conventions,   respectively,   the   total   number   of   delegates 
which  shall  compose  each  of  said  conventions,  and  the  call  for  State 
conventions  shall  state,  among  other  things,  the  number  of  delegates 
to  which  each  county  is  entitled  in  the  State  convention;  and  the  call 
for  the  congressional  and  senatorial  conventions  shall  state,  among 
other  things,  the  number  of  delegates  to  which  each  county  or  political 
sub-division  of  any  county,  as  the  case  may  be,  is  entitled  to  in  the  re- 
spective congressional  and  senatorial  conventions.     Such  call  shall  be 
signed  by  the  chairman  and  attested  by  the  secretary  of  the  respective 
committees. 

§  ii.  At  least  thirty-three  (33)  days  prior  to  the  date  of  the 
April  primary  the  senatorial  committee  of  each  political  party  shall 
meet  and,  by  resolution,  fix  and  determine  the  number  of  candidates 
to  be  nominated  by  their  party  at  the  primary  for  representative  in  the 
General  Assembly.  A  copy  of  said  resolution,  duly  certified  by  the 
chairman  and  attested  by  the  secretary  of  the  committee,  shall,  within 
five  days  thereafter,  to  be  filed  in  the  office  of  the  Secretary  of  State, 
and  in  the  office  of  the  county  clerk  of  each  county  in  the  senatorial 
district. 

In  all  primaries  for  the  nomination  of  candidates  for  representatives 
in  the  General  Assembly,  each  qualified  primary  elector,  may  cast  one 
vote  for  each  of  as  many  candidates  as  are  to  be  nominated  by  his 
party,  as  above  provided.  And  the  said  candidates  for  nomination 
highest  in  votes  shall  be  declared  nominated. 

§.  12.  In  cities  which  have  adopted  minority  representation  in  the 
city  council,  the  city  central  committee  shall,  at  least  thirty  (30)  days 
prior  to  the  date  of  the  primary,  by  resolution,  fix  and  determine  the 
number  of  candidates  for  alderman  in  each  of  the  wards  of  their  city 
to  be  nominated  by  their  party  at  the  primary  for  the  nomination  of 
candidates  for  city  offices. 


96 

A  copy  of  said  resolution,  duly  certified  by  the  chairman  and  attested 
by  the  secretary,  shall,  within  two  days  thereafter,  be  filed  in  the  office 
of  the  city  clerk. 

In  all  primaries  for  the  nomination  of  candidates  for  alderman  under 
minority  representation,  each  qualified  primary  elector  may  cast  as 
many  votes  for  one  candidate  as  there  are  candidates  to  be  nominated, 
or  may  distribute  the  same,  or  equal  parts  thereof,  among  the  candi- 
dates for  nomination  as  he  shall  see  fit  and  the  candidate  for  nomina- 
tion highest  in  votes  shall  be  declared  nominated. 

§  13.  At  least  twenty  (20)  days  before  each  primary,  the  county 
clerk  of  each  county,  or  the  city,  village  or  town  or  other  clerk,  whose 
duty  it  is  to  give  notice  of  general  elections  under  the  general  election 
laws  of  this  State,  for  the  election  of  officers  whose  nomination  is 
required  to  be  made  under  the  provisions  of  this  Act,  shall  prepare 
in  the  manner  provided  in  the  general  election  laws  of  this  State,  a 
notice  of  such  primary,  which  notice  shall  state  the  time  and  place  of 
holding  the  primary,  the  hours  during  which  the  polls  will  be  open, 
the  offices  for  which  candidates  will  be  nominated  at  such  primary 
and  the  political  parties  entitled  to  participate  therein.  Such  notices 
shall  be  posted  at  least  fifteen  (15)  days  prior  to  the  primary  by  the 
same  authorities  and  in  the  same  manner  as  notices  of  election  under 
the  general  election  laws  are  required  to  be  posted. 

§  14.  The  judges  of  general  elections  for  State  and  county  officers, 
for  city  and  village  officers  and  for  town  and  other  municipal  officers, 
are  hereby  constituted  respectively,  the  judges  of  primary  elections 
in  their  respective  precincts,  under  the  provisions  of  this  Act. 

§  i<>.  it  is  hereby  made  the  duty  of  the  respective  judges  of  general 
elections  to  act  as  judges  of  primary  elections  in  their  respective  pre- 
cincts until  their  successors,  as  judges  of  general  elections,  are  duly 
appointed  and  qualified. 

§  16.  If  at  the  time  for  opening  of  a  primary  one  of  the  primary 
judges  be  absent,  or  refuse  to  act,  the  judges  present  shall  appoint 
some  qualified  primary  elector  of  the  precinct  to  act  in  his  place.  If 
two  of  the  primary  judges  be  absent  or  refuse  to  act,  the  judge  present 
shall  fill  the  vacancies  in  the  same  manner  as  above  provided.  If 
all  three  of  the  primary  judges  be  absent,  or  refuse  to  act,  the  primary 
electors  present,  who  reside  in  the  precinct,  shall  select  three  of  their 
number  to  act  as  primary  judges.  The  judges  so  selected  and  ap- 
pointed shall  take  the  same  oath,  have  the  same  powers,  and  perform 
the  same  duties  and  be  subject  to  the  same  penalties  as  regularly  con- 
stituted election  judges. 

§  17.  The  primary  judges  in  each  precinct,  except  in  cities  having 
a  board  of  election  commissioners,  shall  select  three  qualified  primary 
electors  of  said  precinct  to  act  as  primary  clerks,  who  shall  continue 
to  serve  during  the  pleasure  of  said  primary  judges;  but  no  more 
than  two  persons  of  the  same  political  party  shall  be  chosen  primary 
clerks  in  the  same  precinct. 

In  cities  having  a  board  of  election  commissioners,  the  regularly 
appointed  clerks  of  election  shall  act  as  clerks  of  the  primary  in  their 
respective  precincts. 


97 

§  i8.  Previous  to  any  vote  being  taken,  the  primary  judges  and 
clerks  shall  severally  ^  subscribe  and  take  an  oath  or  affirmation,  in  the 
following  form,  to-wit : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution  of 
the  State  of  Illinois,  and  will  faithfully  and  honestly  discharge  the 
duties  of  primary  judge  (or  clerk,  as  the  case  may  be)  according  to 
the  best  of  my  ability,  and  that  I  have  resided  in  this  State  for  one 
year,  in  this  county  for  ninety  days,  and  in  this  precinct  thirty  days 
next  preceding  this  primary,  and  am  entitled  to  vote  at  this  primary." 

All  persons  subscribing  the  oath  as  aforesaid,  and  all  persons  ac- 
tually serving  as  primary  judges  and  clerks,  whether  sworn  or  not, 
shall  be  deemed  to  be  and  are  hereby  declared  to  be  officers  of  the 
county  court  of  their  respective  counties  ;and  such  persons  shall  be  liable 
to  punishment  by  such  court  in  a  proceeding  for  contempt  for  any 
misbehavior  as  such  primary  judges  or  clerks,  to  be  tried  in  open  court, 
on  oral  testimony,  in  a  .summary  manner,  without '  written  pleadings, 
but  such  trial,  or  punishment  for  contempt  of  court,  shall  not  be  any 
bar  to  any  criminal  proceedings  against  such  primary  judges  or  clerks 
for  any  violation  of  this  Act. 

§  19.  In  case  there  shall  be  no  justice  of  the  peace  or  notary  pub- 
lic present  at  the  opening  of  a  primary,  or  in  case  such  justice  of  the 
peace  or  notary  public  shall  be  appointed  one  of  the  primary  judges 
or  clerks,  it  shall  be  lawful  for  the  primary  judges  to  administer  the 
oath  or  affirmation  to  each  other,  and  to  the  primary  clerks. 

J2O.  The  primary  judges  and  clerks,  except  as  otherwise  pro- 
ed  in  this  Act,  shall  perform  the  same  duties,  have  the  same  powers, 
and  be  subject  to  the  same  penalties  as  judges  and  clerks  of  general 
elections,  under  the  election  laws  of  this  State. 

§  21.  Primary  judges  and  clerks  shall  receive  the  same  pay,  and 
shall  be  paid  by  the  same  authorities  and  in  the  same  manner  as  judges 
and  clerks  under  the  election  laws  of  this  State. 

§  22.  The  precinct  committeeman  of  each  party  may  appoint  in 
writing  over  his  signature  two  party  agents  or  representatives,  with  an 
alternate  for  each,  who  shall  act  as  challengers  for  their  respective 
parties  for  said  precinct.  Such  challengers  shall  be  protected  in  the 
discharge  of  ther  duties  by  the  primary  judges  and  peace  officers  and 
shall  be  permitted  to  remain  within  the  polling  place  in  such  position 
as  will  enable  them  to  see  each  person  as  he  offers  his  vote,  and  said 
challengers  may  remain  within  the  polling  place  throughout  the  can- 
vass of  the  vote  and  until  the  returns  are  signed.  All  challengers 
shall  be  qualified  primary  electors  in  their  respective  precincts  and 
shall  have  the  same  powers  as  challengers  at  general  elections:  Pro- 
vided, that  until  precinct  committeemen  are  elected  hereunder,  the 
county  central  committee  of  each  party  in  the  respective  counties  shall 
designate  said  challengers. 

§  23.  All  officers  upon  whom  is.  imposed  by  law  the  duty  of  desig- 
nating and  providing  polling  places  for  general  elections,  shall  pro- 
vide in  each  such  polling  place  so  designated  and  provided,  a  sufficient 

-7E 


98 

number  of  booths  for  such  primary  election,  which  booths  shall  be  pro- 
vided with  shelves,  such  supplies  and  pencils  as  will  enable  the  voter 
to  prepare  his  ballot  for  voting  and  in  which  voters  may  prepare  their 
ballots  screened  from  all  observation  as  to  the  manner  in  which  they 
do  so ;  and  the  guard  rail  shall  be  so  constructed  and  placed  that  only 
such  persons  as  are  inside  said  rail  can  approach  within  six  feet  of  the 
ballot  box  and  of  such  voting  booths.  The  arrangement  shall  be 
such  that  the  voting  booths  can  only  be  reached  by  passing  within 
said  rail.  Such  booths  shall  be  within  plain  view  of  the  election  officers 
and  both  they  and  the  ballot  boxes  shall  be  within  plain  view  of  those 
outside  the  guard  rail.  No  person  other  than  the  election  officers  and 
the  challengers  allowed  by  law  and  those  admitted  for  the  purpose 
of  voting,  as  hereinafter  provided,  shall  be  permitted  within  the  guard 
rail,  except  by  authority  of  the  primary  officers  to  keep  order  and 
enforce  the  law. 

The  number  of  such  voting  booths  shall  not  be  less  than  one  to 
every  seventy-five  voters  or  fraction  thereof,  who  voted  at  the  last 
preceding  election  in  the  precinct  or  election  district. 

No  person  whatever  shall  do  any  electioneering  or  soliciting  of 
votes  on  primary  day  within  any  polling  place  or  within  one  hundred 
feet  of  any  polling  place. 

§  24.  Primary  ballot  boxes  shall  be  furnished  by  the  same  au- 
thorities and  in  the  same  manner  and  shall  be  of  the  same  style  and  de- 
scription as  ballot  boxes  furnished  for  the  purpose  of  general  elections, 
under  the  general  election  laws  of  this  State. 

§  25.  All  necessary  primary  poll  books,  tally  sheets,  return  blanks, 
stationery  and  other  necessary  primary  supplies  shall  be  furnished  by 
the  same  authorities  upon  whom  is  imposed  by  law  the  duty  of  furnish- 
ing such  supplies  at  general  elections. 

§  26.  The  expense  of  conducting  such  primary,  including  the  per 
diem  of  judges  and  clerks,  furnishing,  warming,  lighting  and  main- 
taining the  polling  place,  and  all  other  expenses  necessarily  incurred 
in  the  preparation  for  or  conducting  such  primary  shall  be  paid  in 
the  same  manner,  and  by  the  same  authorities  or  officers  respectively 
as  in  the  case  of  elections. 

§  27.  The  primary  poll  books  shall  be  substantially  in  the  follow- 
ing form. 


99 


PRIMARY  POLL  BOOKS. 

Of  a  primary  held  in  the   Precinct 

in  the  county  of on  the  

day  of ,  A.  D 


Party  Affiliation. 

H 

- 

$ 

GP 

Name  of  Voter. 

Residence,  Street,   and 
Number. 

a" 

1 

I 

8 

I 

«• 

S3 

** 

o 

;• 

i 

o 

1 

1 

John  Jones  .  .   

X 

x 

Richard  Smith 

8 

John  Doe.  

x 

4 

Richard  Doe  

x 

5 

Charles  Lee  

X 

This  is  to  certify  that  the  above  and  foregoing  is  a  correct  list  of 

primary  voters  at  a  primary  held  on  the day  of 

A.  D in  the precinct,  in 

county  and  State  of  Illinois.  That  at  said  primary  the  undersigned 
judges  and  clerks  served  as  required  by  law  and  are  entitled  to  pay 
therefor. 

Dated 19 


Clerks  of  Primary. 


Judges  of  Primary. 


Said  primary  poll  books  shall  otherwise  be  in  form  and  shall  contain 
the  same  certificates  as  nearly  as  may  be  as  the  poll  books  used  in  the 
regular  election  and  shall  be  signed  and  attested  in  the  same  manner, 
as  nearly  as  may  be,  as  the  poll  books  used  for  the  purposes  of  regular 
elections. 

§  28.  The  tally  sheets  for  each  political  party  participating  in  the 
primary  election  shall  be  substantially  in  the  following  form: 

"Tally  sheets  for (Name  of  political  party) 

for  the precinct,  in  the  county  of '. 

for  a  primary  held  on  the day  of A.  D.  . . . 

The  names  of  the  candidates  for  nomination  and  for  State  central 
committeemen,  senatorial  committeemen  and  precinct  committeemen, 
shall  be  placed  on  the  tally  sheets  of  each  political  party  by  the  primary 
clerks  in  the  order  in  which  they  appear  on  the  primary  ballot." 

§  29.  Any  candidate  for  United  States  Senator  may  have  his  name 
printed  upon  the  primary  ballot  of  his  political  party  by  filing  in  the 
office  of  the  Secretary  of  State,  not  less  than  thirty  (30)  days  prior  to 
the  date  of  the  April  primary,  in  any  year,  a  petition  signed  by  not  less 


100 

than  three  thousand  (3000)  primary  electors,  nor  more  than  five  thous- 
and (5000)  members  of  and  affiliated  with  the  party  of  which  he  is  a 
candidate,  and  no  candidate  for  United  States  Senator,  who  fails  to 
comply  with  the  provisions  of  this  Act,  shall  have  his  name  printed 
upon  any  primary  ballot :  Provided,  that  the  vote  upon  candidates  for 
United  States  Senator  shall  be  had  for  the  sole  purpose  of  ascertain- 
ing the  sentiment  of  the  voters  of  the  respective  parties. 

§  30.  The  name  of  no  candidate  for  nomination,  or  State  central 
committeemen,  or  senatorial  committeemen,  shall  be  printed  upon  the 
primary  ballot  unless  a  petition  for  nomination  shall  have  been  filed 
in  his  behalf,  as  provided  in  this  Act  in  substantially  the  following 
form: 

We,  the  undersigned,  members  of  and  affiliated  with  the 

party  and  qualified  primary  electors  of  said party,  in  the 

of in  the  county  of 

and  State  of  Illinois,  do  hereby  petition  that  the  following  named  per- 
son or  persons  shall  be  a  candidate  or  candidates  of  the 

party  for  the  nomination  for  the  office  or  offices  hereinafter  specified, 

to  be  voted  for  at  the  primary  election  held  on  the day  of 

A.  D 

NAME  OFFICE  ADDRESS 

John  Jones  Governor  Belvidere,  Illinois 

Thomas  Smith  Sheriff  Oakland,  Illinois 

Name Address 

State  of  Illinois,  ) 
County  \  s 

I,   do  hereby  certify  that  I 

am  upwards  of  the  age  of  twenty-one  years,  that  I  reside  at  No 

street,  in  the of county  of 

and  State  of  Illinois,  and  that  the  sig- 
natures on  this  sheet  were  signed  in  my  presence,  and  are  genuine, 
and  that  to  the  best  of  my  knowledge  and  belief  the  persons  so  signing 
were  at  the  time  of  signing  said  petitions  qualified  voters  and  that  their 
respective  residences  are  correctly  stated,  as  above  set  forth. 


Subscribed  and  sworn  to  before  me  this .day 

of.  ..A.  D.. 


Such  petitions  shall  consist  of  sheets  of  uniform  size,  and  each  sheet 
shall  contain  above  the  space  for  signatures  an  appropriate  heading 
giving  the  information  as  to  name  of  candidate  or  candidates,  in  whose 
behalf  such  petition  is  signed ;  the  office,  the  political  party  represented, 
place  of  residence,  and  such  other  information  or  wording  as  required 
to  make  same  valid ;  and  the  heading  of  each-  sheet  shall  be  the  same. 
Such  petitions  shall  be  signed  by  qualified  primary  electors  in  their  own 
proper  persons  only,  and  opposite  the  signature  of  each  signer,  his  resi- 


101 

dence  address  shall  be  written  (and  if  a  resident  of  a  city  having  a 
population  of  over  10,000  by  the  then  last  preceding  federal  census, 
the  street  number  of  such  residence  shall  be  given).  No  signature 
shall  be  valid  or  be  counted  in  considering  the  validity  or  sufficiency  of 
such  petition,  unless  the  requirements  of  this  section  are  complied 
with,  except  as  herein  otherwise  provided.  At  the  bottom  of  each 
sheet  of  such  petition  shall  be  added  a  statement,  signed  by  an  adult 
resident  of  the  political  division  for  which  the  candidate  is  seeking 
a  nomination,  stating  his  residence  address  (and  if  a  resident  of  a  city 
having  a  population  of  over  10,000  by  the  then  last  preceding  federal 
census,  also  stating  the  street  and  number  of  such  residence)  certify- 
ing that  the  signatures  on  that  sheet  of  said  petition  were  signed  in 
his  presence,  and  are  genuine;  and  that  to  the  best  of  his  knowledge 
and  belief  the  persons  so  signing  were  at  the  time  of  signing  said 
petition  qualified  voters  of  the  political  party  for  which  a  nomination 
is  sought.  Such  statement  shall  be  sworn  to  before  some  officer  of  the 
county  in  which  the  person  making  such  statement  resides,  authorized 
to  administer  the  oaths  therein.  Such  sheets  before  being  filed,  shall 
be  neatly  fastened  together  in  book  form,  by  placing  the  sheets  in  a 
pile  and  fastening  them  together  at  one  edge  in  a  secure  and  suitable 
manner,  and  the  sheets  shall  then  be  numbered  consecutively.  The 
sheets  shall  not  be  fastened  by  pasting  them  together  end  to  end,  so  as 
to  form  a  continuous  strip  or  roll.  Said  petition,  when  filed,  shall  not 
be  withdrawn  or  added  to,  and  no  signatures  shall  be  revoked  except 
by  revocation  filed  in  writing  with  the  clerk  or  other  proper  officer 
with  whom  the  petition  is  required  to  be  filed,  and  before  the  filing  of 
such  petition.  Whoever,  in  making  the  sworn  statement  above  pre- 
scribed, shall  knowingly,  wilfully  and  corruptly  swear  falsely,  shall 
be  deemed  guilty  of  perjury,  and  on  conviction  thereof,  shall  be  pun- 
ished accordingly.  Whoever  forges  the  name  of  a  signer  upon  any 
petition  required  by  this  Act,  shall  be  deemed  guilty  of  a  forgery,  and 
on  conviction  thereof,  shall  be  punished  accordingly. 

Petitions  of  candidates  for  nomination  for  offices  herein  specified,  to 
be  filed  with  the  same  officer,  may  contain  the  names  of  two  or  more 
candidates  of  the  same  political  party  for  the  same  or  different  offices. 

Such  petitions  for  nomination  shall  be  signed : 

(a)  If  for  a  State  office,  by  not  less  than  one  thousand  (1000)  nor 
more  than  two  thousand  (2000)  primary  electors  of  his  party; 

(b)  If  for  a  congressional  or  senatorial  office,  by  at  least  one-half 
of  one  per  cent  of  the  qualified  primary  electors  of  his  party  in  his 
congressional  or  senatorial  district,  as  the  case  may  be ; 

(c)  If  for  a  judicial  office,  by  at  least  one-half  of  one  per  cent  of 
the  qualified  primary  electors  of  his  party  in  the  district  or  division  for 
which  the  nomination  is  made ; 

(d)  If  for  a  county  office,  by  at  least  one-half  of  one  per  cent  of 
the  qualified  primary  electors  of  his  party  in  his  county:     Provided, 
that  if  for  the  nomination  for  county  commissioner  of  Cook  county, 
then  by  at  least  one-half  of  one  per  cent  of  the  qualified  primary  elec- 
tors of  his  party  in  his  county  in  the  district  or  division  in  which  such 
person  is  a  candidate  for  nomination. 


IO2 

(e)  If  for  a  city  or  village  office,  to  be  rilled  by  the  electors  of  the 
entire  city  or  village,  by  at  least  one-half  of  one  per  cent  of  the  qualified 
primary  electors  of  his  party  in  his  city  or  village ;  if  for  alderman, 
by  at  least  one-half  of  one  per  cent  of  the  voters  of  his  party  of  his 
ward; 

(f)  If  for  State  central  committeeman,  by  at  least  one  hundred 
(100)   of  the  primary  electors  of  his  party  of  his  congressional  dis- 
trict ; 

(g)  If  for  senatorial  committeeman  by  at  least  ten   (ip)   of  the 
primary  electors  of  his  party  of  the  county  where  the  senatorial  district 
is  co-extensive  with  one  county  or  is  composed  of  more  than  one 
county ;  but  in  case  the  senatorial  district  is  wholly  within  the  terri- 
torial limits  of  one  county,  or  partly  within  the  territorial  limits  of 
one  county  and  partly  within  the  territorial  limits  of  another  county, 
then  such  petition  shall  be  signed  by  at  least  ten  (10)  of  the  primary 
electors  of  his  party  of  his  senatorial  district. 

(h)  If  for  a  candidate  for  trustee  of  a  sanitary  district,  by  at  least 
one-half  of  one  per  cent  of  the  primary  electors  of  his  party  from  such 
sanitary  district; 

(i)  If  for  a  candidate  for  clerk  of  the  appellate  court,  by  at  least 
one-half  of  one  per  cent  of  the  primary  electors  of  his  party  of  the 
district ; 

(j)  If  for  any  other  office,  by  at  least  ten  (10)  primary  electors 
of  his  party  of  the  district  or  division  for  which  nomination  is  made. 

§  31.     All  petitions  for  nomination  shall  be  filed  as  follows: 

1.  Where  the  nomination  is  to  be  made  for  an  office  to  be  filled  by 
the  electors  of  the  entire  State,  or  any  division  or  district  greater  than 
a  county,  including  congressional,  senatorial  and  judicial  offices,  then 
such  petition  for  nomination  shall  be  filed  in  the  office  of  the  Secretary 
of  State  not  more  than  sixty  (60)  nor  less  than  thirty  (30)  days  prior 
to  the  date  of  the  primary. 

2.  Where  the  nomination  is  to  be  made  for  an  office  to  be  filled 
by  the  electors  of  an  entire  county,  and  for  county  commissioners  of 
Cook  county,  except  senatorial  offices,  the  petitions  for  nomination  shall 
be  filed  in  the  office  of  the  county  clerk  not  more  than  sixty  (60)  nor 
less  than  thirty  (30)  days  prior  to  the  date  of  the  primary; 

3.  Where  the  nomination  is  to  be  made  for  an  office  to  be  filled  by 
the  electors  of  an  entire  city  or  village,  including  aldermen,  such  petit- 
ions for  nomination  shall  be  filed  in  the  office  of  the  city  or  village 
clerk  not  more  than  thirty  (30)  nor  less  than  fifteen  (15)  days  prior 
to  the  date  of  the  primary ; 

4.  Where  the  nomination  is  to  be  made  for  an  office  to  be  filled  by 
the  electors  of  a  town,  then  such  petition  for  nomination  shall  be  filed 
in  the  office  of  the  town  clerk  not  more  than  thirty  (30)  and  not  less 
than  fifteen  (15)  days  prior  to  the  date  of  the  primary; 

5.  The  petitions  of  candidates  and  for  State  central  committeemen 
shall  be  filed  in  the  office  of  the  Secretary  of  State  not  more  than  sixty 
(60)  and  not  less  than  thirty  (30)  days  prior  to  the  primary; 


103 

6.  The  petitions  of  candidates  for  senatorial  committeemen  shall 
be  filed  in  the  office  of  the  county  clerk  not  more  than  sixty  (60)  and 
not  less  than  thirty  (30)  days  prior  to  the  primary; 

7.  The  Secretary  of  State  and  the  various  clerks  with  whom  such 
petitions  for  nominations  are  filed  shall  endorse  thereon  the  day  and 
hour  on  which  each  petition  was  filed. 

8.  Any  person  for  whom  a  petition  for  nomination  or  for  commit- 
teeman  has  been  filed  may  cause  his  name  to  be  withdrawn  by  his 
request  in  writing,  signed  by  him  and  duly  acknowledged  before  an 
officer  qualified  to  take  acknowledgments  of  deeds  and  filed  in  the 
office  of  the  Secretary  of  State  not  less  than  twenty-five  (25)  or  with 
the  proper  clerk  not  less  than  twelve  (12)  days  prior  to  the  date  of  the 
primary,  and  no  name  so  withdrawn  shall  be  certified  by  the  Secretary 
of  State  to  the  county  clerk,  or  printed  on  the  primary  ballot. 

§  32.  Not  less  than  twenty  (20)  days  prior  to  the  date  of  the  pri- 
mary, the  Secretary  of  State  shall  certify  to  the  county  clerk  of  each 
county  the  names  of  all  candidates  for  United  States  Senator,  and  of 
all  candidates  for  members  of  the  State  central  committee,  and  of  all 
candidates  for  the  nomination  for  all  offices,  as  specified  in  the  petitions 
for  nominations  on  file  in  his  office,  which  are  to  be  voted  for  in  such 
county,  stating  in  such  certificates  the  political  affiliation  of  each  can- 
didate for  nomination,  or  committeeman,  as  specified  in  said  petition. 
The  Secretary  of  State  shall,  in  his  certificate  to  the  county  clerk,  cer- 
tify to  said  county  clerk  the  names  of  the  offices  and  the  names  of  the 
candidates  in  the  order  in  which  said  offices  and  said  names  shall  appear 
upon  the  primary  ballot,  said  names  to  appear  in  the  order  in  which 
petitions  shall  have  been  filed  in  his  office. 

§  33.  The  county  clerk  of  each  county  and  in  cities,  villages  and 
towns,  the  clerk  thereof,  as  the  case  may  be,  shall  prepare  and  cause 
to  be  printed  the  primary  ballot  of  each  political  party  for  each  pre- 
cinct in  his  respective  county,  city,  village  or  town. 

§  34.  It  is  hereby  made  the  duty  of  the  county  clerk  of  each  county 
to  cause  to  be  printed  upon  the  primary  ballot  of  each  party  for  each 
precinct  in  his  county  the  name  of  each  candidate  whose  petition  for 
nomination  has  been  filed  in  the  office  of  the  county  clerk  as  herein  pro- 
vided ;  and  also  the  name  of  each  candidate  whose  name  has  been  cer- 
tified to  his  office  by  the  Secretary  of  State,  and  in  the  order  so  cer- 
tified. 

It  shall  be  the  duty  of  the  city  or  village  or  town  clerk,  as  the  case 
may  be,  to  cause  to  be  printed  upon  the  primary  ballot  of  each  political 
party  for  each  precinct  in  his  city,  village  or  town,  as  the  case  may  be, 
the  name  of  each  candidate  whose  petition  for  nomination  has  been 
filed  in  his  office,  as  herein  provided,  and  which  is  to  be  voted  for  in 
such  precinct. 

§  35.  The  primary  ballot  of  each  political  party  shall  be  separately 
printed  upon  paper  of  uniform  quality,  texture  and  size,  but  the  pri- 
mary ballot  of  no  two  political  parties  shall  be  of  the  same  color  or 
tint. 


104 

The  clerk,  whose  duty  it  shall  be  to  cause  to  be  printed  the  pri- 
mary ballot,  shall,  at  least  fifteen  (15)  days  prior  to  the  date  of  the 
primary,  post  in  a  conspicuous  place  in  his  office  an  announcement  of 
the  color  of  the  primary  ballots  of  the  respective  parties,  and,  in  the 
case  of  the  county  clerk,  shall  also  publish  such  announcement  for  at 
least  one  (i)  week  in  at  least  three  (3)  newspapers  of  general  circula- 
tion in  the  county.  In  the  case  of  the  city  clerk,  such  publication  shall 
be  made  at  least  one  (i)  week  in  three  (3)  newspapers  printed  and 
published  in  the  city,  if  there  be  three  newspapers  printed  and  published 
in  said  city. 

§  36.  The  primary  ballot  of  each  political  party  for  each  precinct 
shall  be  arranged  and  printed  substantially  in  the  manner  following : 

1.  At  the  top  of  the  ballot  shall  be  printed  in  large  capital  letters, 
words  designating  the  ballot — if  a  Republican  ballot,  the  designating 
words  shall  be :    "REPUBLICAN  PRIMARY  BALLOT ;"  if  a  Dem- 
ocratic ballot,  the  designating  words  shall  be:  "DEMOCRATIC  PRI- 
MARY BALLOTT,"  and  in  like  manner  for  each  political  party. 

2.  Beginning  not  less  than  one  inch  below  the  designating  words, 
the  name  of  each  office  to  be  filled  shall  be  printed  in  capital  letters 
and  in   the  following  order,   to-wit:     United   States   Senator,   State 
offices,  congressional  offices,  senatorial  offices,  judicial  offices,  clerks  of 
the  appellate  courts,  members  of  the  State  central  committee,  members 
of  the  senatorial  committee,  trustees  of  sanitary  districts,  county  offices, 
city  and  village  offices,  town  offices,  or  of  such  of  said  offices  as  can- 
didates are  to  be  nominated  for  at  such  primary,  and  precinct  com- 
mitteeman. 

Below  the  name  of  each  office  shall  be  printed  in  small  letters  the 
directions  to  the  voters :  "Vote  for  one ;"  "Vote  for  two ;"  "Vote  for 
three ;"  or  a  spelled  number  designating  how  many  persons  under  that 
head  are  to  be  voted  for. 

Below  the  name  of  each  office  shall  be  printed  in  capital  letters  the 
names  of  all  candidates  (arranged  in  the  order  in  which  their  petitions 
for  nomination  were  filed)  for  the  nomination  for  said  office  which  are 
entitled  to  be  placed  upon  the  respective  party  primary  ballot.  The 
names  of  all  candidates  upon  the  primary  ballot  shall  be  printed  in  type 
of  uniform  size  and  the  names  shall  be  printed  in  a  column.  Immed- 
iately opposite  and  in  front  of  the  name  of  each  candidate  shall  be 
printed  a  square  and  all  squares  upon  the  primary  ballot  shall  be  of 
uniform  size.  Spaces  between  the  names  of  candidates  under  each 
office  shall  be  uniform,  and  sufficient  spaces  shall  separate  the  names 
of  candidates  for  one  office  from  the  names  of  candidates  for  another 
office,  to  avoid  confusion. 

3.  At  the  bottom  of  the  primary  ballot  and  under  the  heading 
"for  precinct  committeeman,"  a  space  sufficiently  large  shall  be  left  in 
which  the  primary  elector  may  write  or  attach  the  name  of  one  pri- 
mary elector  of  his  party  in  the  precinct  as  his  choice  for  precinct  com- 
mitteeman.    No  square  need  be  placed  in  front  of  the  name  of  the 
person  voted  for  precinct  committeeman. 

§  37.  On  the  back  or  outside  of  the  primary  ballot  of  each  precinct, 
so  as  to  appear  when  folded,  shall  be  printed  the  words  "Primary 


105 

Ballot,"  followed  by  the  designation  of  said  precinct,  the  date  of  the 
primary  and  a  fac  simile  of  the  signature  of  the  clerk  who  furnished  the 
ballots. 

§  38.  The  officer  whose  duty  it  shall  be  to  cause  the  printing  of  the 
primary  ballots  shall,  not  less  than  five  (5)  days  prior  to  the  primary, 
transmit  or  cause  to  be  delivered  to  the  primary  judges,  specimen  bal- 
lots of  each  political  party,  substantially  in  the  form  of  the  official  pri- 
mary ballots,  to  be  used  at  the  primary,  which  specimen  ballot  shall  be 
printed  upon  paper  of  a  different  texture  and  color  from  the  official 
primary  ballot,  and  it  shall  be  the  duty  of  the  primary  judges  to  post 
not  less  than  five  (5)  of  each  such  specimen  ballots  in  the  precinct, 
one  of  each  such  specimen  ballots  to  be  posted  at  the  polling  place. 

§  39.  The  officer  so  charged  with  the  printing  of  primary  ballots 
shall  cause  to  be  delivered  to  the  primary  judges  of  each  precinct  not 
less  than  twelve  (12)  hours  before  the  time  fixed  for  the  opening  of 
the  polls,  the  official  primary  ballot  of  each  political  party,  and  the  num- 
ber thereof  for  each  political  party  in  each  precinct  shall  be  one  hundred 
(100)  for  each  fifty  (50)  votes  cast  in  said  precinct  by  said  political 
party  at  the  last  preceding  election. 

§  40.  The  official  primary  ballots  shall  be  put  in  separate  sealed 
packages  with  marks  on  the  outside  thereof  clearly  designating  the 
precinct  for  which  they  are  intended,  and  the  number  of  ballots  en- 
closed for  each  political  party  and  a  receipt  therefor  shall  be  given  by 
the  primary  judge  to  whom  such  ballots  are  delivered,  which  receipt 
shall  be  filed  by  the  proper  clerk  in  his  office. 

§  41.  The  officer  so  charged  with  the  printing  of  primary  ballots 
shall  provide  and  retain  in  his  office  until  after  the  primary,  an  ample 
supply  of  extra  primary  ballots  for  each  political  party  in  each  pre- 
cinct and  if  at  any  time  before  or  during  the  primary,  ballots  of  any 
precinct  shall  be  lost,  destroyed  or  exhausted,  on  written  application 
signed  by  the  primary  judges  of  said  precinct,  or  any  of  them,  he  shall 
immediately  cause  to  be  delivered  to  said  primary  judges  such  supply 
of  extra  ballots  as  may  be  required  to  comply  with  the  provisions  of 
this  Act. 

§  42.  Upon  the  opening  of  the  polls  one  of  the  primary  judges 
shall  make  proclamation  of  the  same.  And  at  least  thirty  (30)  minutes 
before  the  closing  of  the  polls  proclamation  shall  be  made  in  like  man- 
ner that  the  polls  will  be  closed  in  half  an  hour. 

§  43.  Before  voting  begins,  the  ballot  box  shall  be  emptied  and  it 
shall  be  opened  and  shown  to  those  present  to  be  empty,  after  which 
it  shall  be  locked  and  the  key  delivered  to  one  of  the  primary  judges 
and  such  ballot  box  shall  not  be  removed  from  public  view  from  the 
time  it  is  shown  to  be  empty  until  after  the  close  of  the  polls. 

§  44.  No  person  shall  vote  at  a  primary  unless  he  shall  be  a  legally 
qualified  voter,  under  the  general  election  laws  of  this  State,  and  unless 
he  declares  his  party  affiliation,  as  required  by  this  Act,  and  in  all 
cases  where  registration  is  required  as  a  condition  precedent  to.  voting 
at  regular  elections  only  registered  voters  shall  be  entitled  to  vote  at 
such  primary:  Provided,  however,  that  at  such  primary,  any  legal 


io6 

voter  of  a  precinct,  who  has  not  registered,  shall  be  entitled  to  vote 
in  case  he  shall  file  with  the  primary  judges  an  affidavit,  stating  the 
time  when  he  removed  into  such  precinct,  and  the  length  of  his  legal 
residence  in  such  precinct,  county  and  State,  and  that  he  has  removed 
into  that  precinct  since  the  last  registration  of  electors  at  the  last  elec- 
tion and  that  he  is  a  legal  voter  of  such  precinct,  supported  by  an 
affidavit  of  a  registered  voter  and  householder  of  such  precinct,  that 
he  knows  such  voter  and  that  his  statements  as  to  the  time  of  his  resi- 
dence, as  aforesaid,  are  correct,  and  that  such  person  is  a  legal  voter 
in  such  precinct. 

And  no  person  shall  be  allowed  to  vote  at  a  primary  who  shall  have 
signed  the  petition  for  nomination  of  a  candidate  of  any  party  that 
he  does  not  affiliate  with,  when  such  candidate  is  to  be  voted  for  at  the 
primary. 

And  no  person  shall  be  allowed  to  vote  who  shall  have  signed  the 
nominating  papers  of  an  independent  candidate  for  any  office  for  which 
office  candidates  are  to  be  voted  for  at  said  primary,  or  if  he  shall  have 
voted  at  a  primary  of  another  political  party  within  a  period  of  two 
years  next  preceding  such  primary:  Provided,  participation  by  a  pri- 
mary elector  in  a  primary  of  a  political  party  which,  under  the  pro- 
visions of  section  2  of  this  Act,  is  a  political  party  within  a  city,  village 
or  town  only,  and  entitled  hereunder  to  make  nominations  of  candi- 
dates for  city,  village  or  town  offices  only,  and  for  no  other  office  or 
offices,  shall  not  disqualify  such  primary  elector  from  participating  in 
other  primaries  of  his  party  when,  at  such  city,  village  or  town  pri- 
mary, no  candidate  or  candidates  of  the  political  party  with  which 
the  primary  elector  declares  himself  affiliated  had  their  name  or  names 
printed  on  the  primary  ballot  of  their  party. 

§  45.  Any  person  desiring  to  vote  at  a  primary  shall  state  his 
name,  residence  and  party  affiliation  to  the  primary  judges,  one  of 
whom  shall  thereupon  announce  the  same  in  a  distinct  tone  of  voice 
sufficiently  loud  to  be  heard  by  all  persons  in  the  polling  place.  If  the 
person  desiring  to  vote  is  not  challenged,  one  of  the  primary  judges 
shall  give  to  him  one,  and  only  one,  primary  ballot  of  the  political 
party  with  which  he  declares  himself  affiliated,  on  the  back  of  which 
such  primary  judge  shall  endorse  his  initials  in  such  manner  that  they 
may  be  seen  when  the  primary  ballot  is  properly  folded.  If  the  person 
desiring  to  vote  is  challenged  he  shall  not  receive  a  primary  ballot  from 
the  primary  judges  until  he  shall  have  established  his  right  to  vote  as 
hereinafter  provided.  No  person  who  refuses  to  state  his  party  affilia- 
tion shall  be  allowed  to  vote  at  a  primary. 

§  46.  \Vhenever  a  person  offering  to  vote  at  a  primary  is  chal- 
lenged, the  person  so  challenged  shall  make  and  subscribe  an  affidavit 
in  the  following  form,  which  shall  be  presented  to  and  retained  by  the 
primary  judges  and  clerks,  and  returned  by  them  with  the  primary 
poll  books : 


State  of  Illinois,  ) 

County  of \  ss* 

I, ,  do  solemnly  swear  (or  affirm)  that 

I  am  a  citizen  of  the  United  States,  of  the  age  of  twenty-one  years  or 
over,  and  am  qualified  to  vote  under  and  by  virtue  of  the  constitution 
and  laws  of  the  State  of  Illinois,  and  am  a  legally  qualified  voter  of 

this  precinct ;  that  I  now  reside  at (insert  street 

and  number,  if  any)  in  this  precinct,  and  am  a  member  of  and  affiliated 

with  the party ;  that  I  have  not  voted  at  a  primary  of 

another  political  party  within  a  period  of  two  years  prior  to  this  date ; 

and  that  I  voted  at  the city,  village  or  town  primary, 

with  the political  party  at  the election  held 

in A.  D ,  which  said political  party 

was  entitled  at  said  primary  to  make  nominations  of  candidates  for 
city,  village  or  town  offices  only,  and  for  no  other  offices,  and  that  the 

name  or  names  of  no  candidate  or  candidates  of  the political 

party  (the  political  party  with  which  the  primary  elector  declares 
himself  affiliated)  were,  at  such  city,  village  or  town  primary,  printed 
on  the  primary  ballot ;  that  I  have  not  signed  the  petition  for  nomination 
of  a  candidate  of  a  political  party  with  which  I  am  not  affiliated,  and 
that  I  have  not  signed  the  nominating  papers  of  an  independent  can- 
didate for  any  office  for  which  office  candidates  for  nomination  are 
voted  for  at  this  primary. 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.  190 


Judge  of  Primary. 

In  addition  to  such  affidavit  the  person  so  challenged  shall  produce 
the  affidavit  of  one  householder  of  the  precinct  who  shall  be  a  qualified 
voter  at  such  primary,  and  who  shall  be  personally  known  or  proved  to 
the  judges  to  be  a  householder  in  the  precinct,  which  affidavit  shall  be 
in  the  following  form : 

State  of  Illinois,  ) 

County  of ,  (  ss* 

I, do  solemnly  swear  (or  affirm)  that  I  am  a  house- 
holder of  this  precinct  and  entitled  to  vote  at  this  primary;  that  I  am 

acquainted  with  (name  of  the  party  challenged), 

whose  right  to  vote  at  this  primary  has  been  challenged;  that  I  know 
him  to  be  an  actual  bona  fide  resident  of  this  precinct,  and  that  he  has 
resided  herein  thirty  days,  and  I  verily  believe  he  has  resided  in  this 
county  ninety  days;  and  in  this  State  one  year  next  preceding  this 
primary ;  that  I  verily  believe  he  is  a  member  of  and  affiliated  with  the 
party. 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.  190 


Judge  of  Primary. 


io8 

§  47.  On  receiving  from  the  primary  judges  a  primary  ballot  of 
his  party  the  primary  elector  shall  forthwith  and  without  leaving  the 
polling  place,  retire  alone  to  one  of  the  voting  booths  and  prepare  such 
primary  ballot  by  marking  a  cross  (X)  in  the  square  in  front  of  and 
opposite  the  name  of  each  candidate  of  his  choice  for  each  office  to  be 
filled.  At  the  primary  at  which  a  precinct  committeeman  is  to  be  elec- 
ted the  primary  elector  may  write  or  attach  at  the  bottom  of  his  primary 
bollot,  in  the  space  provided  for  that  purpose,  the  name  of  one  primary 
elector  of  his  precinct,  member  of  and  affiliated  with  his  political  party, 
for  precinct  committeeman.  No  other  mark  or  designation  shall  be 
necessary  in  indicate  the  primary  elector's  choice  for  precinct  commit- 
teeman. 

Any  primary  elector  may,  instead  of  voting  for  any  candidate  for 
nomination  or  for  committeeman  whose  name  is  printed  on  the  primary 
ballot,  write  in  the  name  of  any  other  person  affiliated  with  such  party 
as  a  candidate  for  the  nomination  for  any  office,  or  for  committeeman, 
and  indicate  his  choice  of  such  candidate  or  committeeman  by  placing 
to  the  left  of  and  opposite  the  name  thus  written  a  square  and  by  plac- 
ing in  the  square  a  cross  (X.)  And  at  the  primary  at  which  precinct 
committeemen  are  to  be  elected  he  shall  write  at  the  bottom  of  his 
primary  ballot,  in  the  space  provided  for  that  purpose,  the  name  of 
one  primary  elector  of  his  precinct,  member  of  and  affiliated  with  his 
political  party,  for  precinct  committeeman.  No  squares  need  be  placed 
in  front  of  the  names  of  the  persons  so  voted  for  for  precinct  com- 
mitteemen. 

§  48.  Before  leaving  the  booth,  the  primary  elector  shall  fold  his 
primary  ballot  in  such  manner  as  to  conceal  the  marks  thereon.  Such 
voter  shall  then  vote  forthwith  by  handing  the  primary  judge  the 
primary  ballot  received  by  such  voter.  Thereupon  the  primary  judge 
shall  deposit  such  primary  ballot  in  the  ballot  box.  The  primary 
clerk  shall  thereupon  enter  in  the  primary  poll  book  the  name  of  the 
primary  elector,  his  residence  and  his  party  affiliation. 

§  49.  Any  primary  elector  who  may  declare  upon  oath  that  he  can- 
not read  the  English  language,  or  that  by  reason  of  any  physical  dis- 
ability he 'is  unable  to  mark  his  ballot  shall,  upon  request,  be  assisted 
in  marking  his  primary  ballot  in  the  same  manner  as  provided  by  the 
general  election  laws  of  this  State. 

§  50.  After  the  opening  of  the  polls  at  a  primary  no  adjournment 
shall  be  had,  nor  recess  taken  until  the  canvass  of  all  the  votes  is  com- 
pleted and  the  returns  carefully  enveloped  and  sealed. 

§  51.  The  votes  shall  be  canvassed  in  the  room  or  place  where  the 
primary  is  held  and  the  primary  judges  shall  not  allow  the  ballot  box 
or  any  of  the  ballots,  or  the  primary  poll  book,  or  any  of  the  tally  sheets 
to  be  removed  or  carried  away  from  such  room  or  polling  place  unti! 
the  canvass  of  the  votes  is  completed  and  the  returns  carefully  en- 
veloped and  sealed. 

§  52.  If  the  primary  elector  marks  more  names  upon  the  primary 
ballot  than  there  are  persons  to  be  nominated  as  candidates  for  an 
office,  or  for  State  central  committeeman  or  senatorial  committeeman, 


109 


»: 


or  precinct  committeeman,  or  if  for  any  reason  it  is  impossible  to  de- 
termine the  primary  elector's  choice  of  a  candidate  for  the  nomination 
for  an  office,  or  committeeman,  his  primary  ballot  shall  not  be  counted 
for  the  nomination  for  such  office  or  for  the  election  of  delegate,  alter- 
nate or  committeeman. 

No  primary  ballot,  without  the  endorsement  of  the  judges'  initials 
thereon,  shall  be  counted.  Any  judge  wilfully  omitting  to  endorse  his 
initials  on  a  primary  ballot,  as  required  by  this  Act,  shall  be  guilty  of 
a  misdemeanor  and  punishable  by  a  fine  not  exceeding  one  hundred 
dollars  for  each  offense. 

Primary  ballots  not  counted  shall  be  marked  "defective"  on  the  back 
thereof;  and  primary  ballots  to  which  objections  have  been  made  by 
either  of  the  primary  judges  or  challengers  shall  be  marked  "objected 
to"  on  the  back  thereof;  and  a  memorandum  signed  by  the  primary 
judges  stating  how  it  was  counted  shall  be  written  on  the  back  of 
each  primary  ballot  so  marked,  and  all  primary  ballots  marked  "de- 
fective" or  "objected  to"  shall  be  enclosed  in  an  envelope  and  securely 
sealed,  and  so  marked  and  endorsed  as  to  clearly  disclose  its  contents. 

All  primary  ballots  not  voted,  and  all  that  have  been  spoiled  by 
voters  while  attempting  to  vote,  shall  be  returned  to  the  proper  clerk, 
by  the  primary  judges,  and  a  receipt  taken  therefor,  and  shall  be  pre- 
served three  months.  Such  official  shall  keep  a  record  of  the  number 
of  primary  ballots  delivered  for  each  polling  place,  and  he  or  they 
shall  also  enter  upon  such  record  the  number  and  character  of  primary 
ballots  returned,  with  the  time  when  and  the  persons  by  whom  they 
are  returned. 

§  53.  Immediately  upon  closing  the  polls,  the  primary  judges  shall 
proceed  to  canvass  the  votes  in  the  manner  following: 

(1)  They  shall  separate  and  count  the  ballots  of  each  political 
party ; 

(2)  They  shall  then  proceed  to  ascertain  the  number  of  names 
entered  on  the  primary  poll  books  under  each  party  affiliation ; 

(3)  If  the  primary  ballots  of  any  political  party  exceed  in  number 
the  names  of  voters  of  such  political  party  entered  on  the  primary  poll 
books,  the  primary  ballots  of  such  political  party  shall  be  folded  and 
replaced  in  the  ballot  box,  the  box  closed,  well  shaken  and  again  opened 
and  one  of  the  primary  judges,  who  shall  be  blindfolded,  shall  draw  out 
and  destroy  so  many  of  the  primary  ballots  of  such  political  party  as 
shall  be  equal  to  such  excess ; 

(4)  The  primary  judges  shall  then  proceed  to  count  the  primary 
ballots  of  each  political  party  separately;  and  as  the  primary  judges 
shall  open  and  read  the  primary  ballots,  each  primary  clerk  shall  care- 
fully and  correctly  mark  upon  the  tally  sheets  the  votes  which  each 
candidate  of  the  party  whose  name  is  written  or  printed  on  the  primary 
ballot  has  received,  in  a  separate  column  for  that  purpose,  with  the 
name  of  such  candidate,  the  name  of  his  political  party  and  the  name 
of  the  office  for  which  he  is  a  candidate  for  nomination  at  the  head  of 
such  column. 

§  54.  As  soon  as  the  ballots  of  a  political  party  shall  have  been  read 
and  the  votes  of  said  political  party  counted,  as  provided  in  the  last 


no 

h 

above  section,  the  primary  clerks  shall  foot  up  the  tally  sheets  so  as 
to  show  the  total  number  of  votes  cast  for  each  candidate  of  said  po- 
litical party  and  for  each  candidate  for  State  central  committeeman, 
senatorial  committeeman  and  precinct  committeeman,  and  certify  the 
same  to  be  correct.  Thereupon,  the  primary  judges  shall  set  down  in 
the  primary  poll  books,  under  the  name  of  said  political  party,  the 
name  of  each  candidate  voted  for  upon  the  primary  ballot,  written 
at  full  length,  the  name  of  the  office  for  which  he  is  a  candidate  for 
nomination  or  for  committeeman,  the  total  number  of  votes  which  said 
candidate  received,  and  the  primary  judges  shall  certify  the  same  to  be 
true  and  correct;  said  entry  in  the  primary  poll  books  to  be  made 
substantially  in  the  following  form: 

" PARTY. 

At  the  primary  election  held  in  this  precinct  on  the 

day  of A.  D.,  19.  . .,  the  respective  candidates 

whose  names  were  written  or  printed  on  the  primary  ballot  of  said .  . 
party,  received  respectively  the  following  votes: 

Name  of  Candidate.  Title  of  Office.  No.  of  Votes 

John  Jones  Governor  100 

Sam  Smith  Governor  7° 

Frank  Martin  Attorney  General  150 

William  Preston  Representative  in  Congress  206 

Tom  Johnson  State  Senator  74 

Frederick  John  County  Judge  59 

And  so  on  for  each  candidate. 

\Ve  hereby  certify  the  above  and  foregoing  to  be  true  and  correct. 
Dated  this day  of A.  D.,  19.  .. 


Judges  of  Primary. 

§55-  After  the  votes  of  a  political  party  have  been  counted  and 
set  down  and  the  tally  sheets  footed  and  the  entry  made  in  the  primary 
poll  books,  as  above  provided,  all  fhe  primary  ballots  of  said  political 
party,  except  those  marked  "defective"  or  "objected  to"  shall  be 
strung  upon  a  strong  thread  of  twine  separately  for  each  political 
party  in  the  order  in  which  said  primary  ballots  have  been  read,  and 
shall  thereupon  be  carefully  sealed  in  an  envelope,  which  envelope 
shall  be  endorsed  as  follows: 

"Primary  ballots  of  the party 

of  the precinct  of  the  county  of 

and  State  of  Illinois." 

Below  each  endorsement,  each  primary  judge  shall  write  his  name. 

§  56.  The  primary  poll  books,  with  the  certificates  of  the  primary 
judges  written  thereon,  and  the  tally  sheets,  together  with  the  en- 
velopes containing  the  ballots,  shall  be  carefully  enveloped  and  sealed 
up  together,  properly  endorsed  and  put  into  the  hands  of  the  primary 
judges,  who  shall,  within  fortv-eight  (48)  hours  thereafter,  deliver 


Ill 

the  same  to  the  clerk  from  whom  the  primary  ballots  were  obtained, 
which  clerk  shall  safely  keep  the  same  for  three  (3)  months. 

§  57.  As  soon  as  complete  returns  are  delivered  to  the  proper 
clerk,  the  returns  shall  be  canvassed  as  follows: 

1.  In  the  case  of  the  nomination  of  candidates  for  city  offices,  by 
the  mayor,  the  city  attorney  and  the  city  clerk ; 

2.  In  the  case  of  the  nomination  of  candidates  for  village  offices^ 
by  the  president  of  the  board  of  trustees,  one  member  of  the  board  of 
trustees  and  the  village  clerk ; 

3.  The  officers  who  are  charged  by  law  with  the  duty  of  canvass- 
ing returns  of  general  elections  made  to  the  county  clerk,  shall  also 
open  and  canvass  the  returns  of  a  primary  made  to  such  county  clerk. 
Upon  the  completion  of  the  canvass  of  the  returns  by  the  county  can- 
vassing board,  said  canvassing  board  shall  make  a  tabulated  statement 
of  the  returns  for  each  political  party  separately,  stating  in  appropriate 
columns  and  under  proper  headings,  the  total  number  of  votes  cast  in 
said  county  for  each  candidate  for  nomination  by  said  party,  including 
candidates   for  United   States   Senator,  and   State  central  committee- 
men.     Within  two   (2)   days  after  the  completion  of  said  canvass  by 
said  county  canvassing  board,  the  county  clerk  shall  mail  to  the  Sec- 
retary of  State  a  certified  copy  of  such  tabulated  statement  of  returns : 
Provided,  hoivever,  that  the  number  of  votes  cast  for  the  nomination 
for  offices,  the  certificate  of  election  for  which  offices,  under  the  gen- 
eral  election  laws,  are  issued  by  the  county  clerk,   shall  not  be  in- 
cluded in  such  certified  copy  of  said  tabulated  statement  of  returns ; 

4.  In  the  case  of  the  nomination  of  candidates  for  offices,  includ- 
ing United  States  Senator  and  State  central  committeemen,  certified 
tabulated  statement  of  returns  for  which  are  filed  with  the  Secretary 
of  State,  such  returns  shall  be  canvassed  by  the  Governor,  Secretary 
of  State  and  State  Treasurer ; 

5.  Where,  in  cities  or  villages  which  have  a  board  of  election  com- 
missioners, the  returns  of  a  primary  are  made  to  such  board  of  elec- 
tion  commissioners,   said   returns  shall  be  canvassed  by  such  board, 
and,  excepting  in  the  case  of  the  nomination  of  candidates  for  any 
city  or  town  office  in  such  city,  tabulated  statements  of  the  returns 
of  such  primary  shall  be  made  to  the  county  clerk. 

§  58.  Each  of  said  canvassing  boards,  respectively,  shall,  upon 
completion  of  the  canvassing  of  the  returns,  make  proclamation  of  the 
result  of  said  primary  for  each  political  party,  and  shall  make  and 
execute  a  certificate,  and,  unless  a  notice  of  contest  shall  have  been 
filed  with  said  canvassing  board,  ten  (10)  days  after  the  completion 
of  the  canvass,  shall  file  such  certificates  in  the  office  of  -the  Secretary 
of  State,  or  in  the  office  of  the  clerk  whose  duty  it  is  to  print  the 
official  ballot  for  the  election  for  which  the  nomination  is  made,  as 
the  case  may  be,  stating  therein  the  name  of  each  candidate  of  each 
political  party  so  nominated,  as  shown  by  the  returns,  together  with 
the  name  of  the  office  for  which  he  was  nominated,  including  in  the 
case  of  the  State  primary  canvassing  board,  candidates  for  State 
central  committeemen.  In  case  a  notice  of  contest  shall  be  filed  with 
any  canvassing  board,  such  canvassing  board  shall  withhold  its  cer- 


112 

tificate  until  a  certified  copy  of  the  decree  or  order  of  the  Court  hear- 
ing such  contest  shall  h'ave  been  filed  with  such  canvassing  board. 
The  said  canvassing  board  shall,  within  one  (i)  day  after  receiving 
a  certified  copy  of  said  decree  or  order,  proceed  to  finish  the  canvass 
of  the  returns  as  corrected  by  such  decree,  and  make  proclamation 
accordingly. 

Upon  the  filing  of  said  certificate  in  the  office  of  the  Secretary  of 
State,  or  in  the  office  of  the  proper  clerk,  as  the  case  may  be,  the  Sec- 
retary of  State,  or  proper  clerk,  as  the  case  may  be,  shall,  within  one 
(i)  day  thereafter,  issue  a  certificate  of  nomination  to  each  of  the 
candidates  so  proclaimed  nominated,  except  United  States  Senator. 

The  Secretary  of  State  shall  also  issue  a  certificate  of  election  to 
each  of  the  persons  shown  by  the  returns  and  the  proclamation  there- 
of to  be  elected  State  central  committeeman. 

The  county  canvassing  board,  or  the  board  of  election  commission- 
ers, as  the  case  may  be,  shall  issue  a  certificate  of  election  to  the  requi- 
site number  of  persons  of  each  political  party  shown  by  the  returns 
to  be  elected  members  of  the  senatorial  committee. 

Sec.  59.  The  person  receiving  the  highest  number  of  votes  at  a 
primary  as  a  candidate  of  a  party  for  the  nomination  for  an  office 
shall  be  the  candidate  of  that  party  for  such  office  and  his  name  as 
such  candidate  shall  be  placed  on  the  official  ballot  at  the  election  then 
next  ensuing:  Provided,  that  where  there  are  two  or  more  persons 
to  be  nominated  for  the  same  office  or  board,  the  requisite  number  of 
persons  receiving  the  highest  number  of  votes  shall  be, nominated  and 
their  names  shall  be  placed  on  the  official  ballot  at  the  following 
election. 

In  the  case  of  candidates  for  nomination  for  members  of  the  board 
of  assessors,  where  five  are  to  be  elected,  four  of  whom  are  to  be 
elected  from  any  one  city  and  the  city  has  the  requisite  number,  then 
the  candidate  for  nomination  living  outside  of  such  city  having  the 
highest  number  of  votes  of  his  party  shall  be  nominated,  and  his  name 
shall  be  placed  on  the  official  ballot  at  the  following  election. 

The  person  receiving  the  highest  number  of  votes  of  his  party  for 
State  central  committeeman  of  his  congressional  district  shall  be  de- 
clared elected  State  central  committeeman  from  said  congressional 
district. 

The  requisite  number  of  persons  receiving  the  highest  number  of 
votes  as  candidates  of  their  party  in  any  county,  or  senatorial  district, 
as  the  case  may  be,  for  senatorial  committeemen  shall  be  declared 
elected  senatorial  committeemen  from  such  county  or  senatorial  dis- 
trict. 

When  two  or  more  persons  receive  an  equal  and  the  highest  number 
of  votes  for  the  nomination  for  the  same  office  or  for  committeeman 
of  the  same  political  party  or  where  more  than  one  person  of  the 
same  political  party  is  to  be  nominated  as  a  candidate  for  office  or 
committeeman,  if  it  appears  that  more  than  the  number  of  persons  to 
be  nominated  for  an  office  or  elected  committeemen,  have  the  highest 
and  an  equal  number  of  votes  for  the  nomination  for  the  same  office 
or  for  election  as  committeemen,  the  board  by  which  the  returns  of  the 


"3 

primary  are  canvassed  shall  decide  by  lot  which  of  such  persons  shall 
be  nominated  or  elected,  as  the  case  may  be.  In  such  case  such  can- 
vassing board  shall  issue  notice  in  writing  to  such  persons  of  such  tie 
vote,  stating  therein  the  place,  the  day  (which  shall  not  be  more  than 
five  (5)  days  thereafter)  and  the  hour  when  such  nomination  or 
election  shall  be  so  determined. 

Sec.  60.  When  the  nomination  is  made  for  an  office  to  be  filled  by 
the  electors  of  an  entire  county,  and  where  it  is  the  duty  of  the  county- 
clerk  to  prepare  the  official  ballot  for  the  election,  it  shall  be  the  duty 
of  the  county  clerk,  under  this  Act,  to  place  upon  the  official  ballot 
to  be  voted  at  the  election  the  names  of  all  candidates  nominated  for 
office,  as  herein  provided,  as  shown  by  the  certificate  of  the  canvassing 
board  on  file  in  his  office. 

When  the  nomination  is  made  for  an  office  to  be  filled  by  the  electors 
of  an  entire  city  or  village,  including  alderman,  and  where  it  is  the 
duty  of  the  city  or  village  clerk  to  prepare  the  official  ballot  for  the 
election,  it  shall  be  the  duty  of  the  city  or  village  clerk,  under  this 
Act,  to  place  upon  the  official  ballot  to  be  voted  at  the  election  the  names 
of  all  candidates  nominated  for  office,  as  herein  provided,  as  shown  by 
the  certificate  of  the  canvassing  board  on  file  in  his  office. 

When  the  nomination  is  made  for  an  office  to  be  filled  by  the 
electors  of  an  entire  town,  and  where  it  is  the  duty  of  the  town  clerk 
to  prepare  the  official  ballot  for  the  election,  it  shall  be  the  duty  of  the 
town  clerk,  under  this  Act,  to  place  upon  the  official  ballot  to  be  voted 
at  the  election,  the  names  of  all  candidates  nominated  for  office,  as 
herein  provided,  as  shown  by  the  certificate  of  the  canvassing  board 
on  file  in  his  office. 

Not  less  than  fifteen  (15)  days  before  an  election  to  fill  any  office, 
the  Secretary  of  State  shall  certify  to  the  county  clerk  of  each  county 
within  which  any  of  the  electors  may,  by  law,  vote  for  such  candidates 
for  such  offices,  the  name  and  description  of  each  person  nominated 
for  such  office,  as  shown  by  the  certificate  of  the  canvassing  board 
on  file  in  his  office. 

§  6 1..  Whenever  a  special  election  shall  be  necessary,  the  provisions 
of  this  Act  shall  be  applicable  to  the  nomination  of  candidates  to  be 
voted  for  at  such  special  election.  The  officer  or  board  or  commission 
whose  duty  it  is,  under  the  general  election  laws  of  this  State,  to  call 
an  election  shall  fix  a  date  for  the  primary  for  the  nomination  of  can- 
didates to  be  voted  for  at  such  special  election.  At  least  fifteen  (15) 
days'  notice  shall  be  given  of  such  primary. 

In  case  a  candidate  who  has  been  nominated  under  the  provisions 
of  this  Act  shall  die  before  election  or  decline  the  nomination,  or  should 
the  nomination  for  any  other  reason  become  vacant,  the  managing 
committee  of  the  respective  political  parties  for  the  territorial  area 
in  which  such  vacancy  occurs,  shall  nominate  a  candidate  or  candidates 
of  the  respective  parties  to  fill  such  vacancies  on  the  ticket. 

§  62.  In  cities,  having  a  board  of  election  commissioners,  the  dut- 
ies herein  imposed  upon  the  county,  city  or  village  clerk,  as  the  case 
may  be,  shall  be  discharged  by  the  board  of  election  commissioners, 

—8  E 


in  the  same  manner,  as  near  as  may  be,  and  to  the  same  extent  and 
with  like  effect  that  the  similar  duties  imposed  by  this  Act  are  dis- 
charged by  the  county,  city  or  village  clerk,  as  the  case  may  be;  and, 
the  ballots  for  the  nomination  of  all  candidates  to  be  voted  for  in  such 
city,  shall  be  printed  by  the  board  of  election  commissioners  and  the 
returns  of  the  primary  held  in  such  city  shall  be  made  to  such  board 
of  election  commissioners. 

§  63.  Any  candidate  whose  name  appears  upon  the  primary  ballot 
of  any  political  party  in  any  precinct  may  contest  the  election  of  the 
candidates  nominated  by  his  political  party,  upon  the  face 
of  the  returns,  if  he  so  desires,  and  may,  in  said  county 
or  any  of  the  precincts  thereof  as  to  the  office  for  which 
he  was  a  candidate,  contest  the  election  in  such  county  or 
precinct  by  filing  with  the  clerk  of  the  county  court,  ex- 
cept in  the  case  of  candidates  for  the  nominations  for  State,  congres- 
sional and  senatorial  offices  and  for  the  office  of  county  judge,  a 
petition  in  writing  setting  forth  the  grounds  of  contest,  which  petition 
shall  be  verified  by  the  affidavit  of  the  petitioner  or  other  person,  and 
which  petition  shall  be  filed  within  five  (5)  days  after  the  completion 
of  the  canvas  of  the  returns.  The  contestant  shall  also  file  with  the 
canvassing  board,  which  canvasses  the  returns  for  such  nomination 
(and  if  for  the  nomination  for  an  office,  certified  tabulated  statements 
of  the  returns  of  which  are  to  be  filed  with  the  Secretary  of  State) 
also  with  the  county  canvassing  board,  a  notice  of  the  pendency  of  the 
contest.  In  the  case  of  a  contest  for  the  nomination  for  State,  con- 
gressional and  senatorial  offices  and  for  the  office  of  county  judge, 
said  petition  shall  be  filed  in  the  office  of  the  clerk  of  the  circuit  court. 

Authority  and  jurisdiction  are  hereby  vested  in  the  county  court  or 
in  the  judge  thereof  in  vacation,  or  in  the  circuit  court  or  in  the  judges 
thereof  in  vacation,  as  the  case  may  be,  to  hear  and  determine  primary 
contests.  When  a  petition  to  contest  a  primary  shall  be  filed  in  the 
office  of  the  clerk  of  the  court,  said  petition  shall  forthwith  be  pre- 
sented to  the  judge  thereof,  who  shall  note  thereon  the  day  of  present- 
ation, and  shall  also  note  thereon  the  day  when  he  will  hear  the  same, 
which  shall  not  be  more  than  five  (5)  days  thereafter  and  shall  order 
issuance  of  summons  to  each  defendant  named  in  the  petition. 

Summons  shall  forthwith  issue  to  each  defendant  named  in  the  pe- 
tition and  shall  be  served  in  the  same  manner  as  is  provided  in  cases 
in  chancery.  Summons  may  be  issued  and  served  in  any  county  in  the 
State.  The  case  may  be  heard  and  determined  by  the  county  or  cir- 
cuit court  in  term  time,  or  by  the  judges  thereof  in  vacation,  at  any 
time  not  less  than  three  (3)  days  after  service  of  process  and  shall 
have  preference  in  the  order  of  hearing  to  all  other  cases.  The  pe- 
titioner shall  give  securitv  for  all  costs. 

If,  in  the  opinion  of  the  Court,  in  which  the  petition  is  filed,  the 
grounds  for  contest  alleged  are  insufficient  in  law,  the  petition  shall 
be  dismissed.  If  the  grounds  alleged  are  sufficient  in  law,  the  Court 
shall  proceed  iti  a  summary  manner  and  may  hear  evidence,  examine 
the  returns,  re-count  the  ballots  and  make  such  orders  and  enter  such 
judgment  as  justice  may  require.  The  Court  shall  ascertain  and  de- 
clare by  a  decree,  as  in  chancery,  to  be  entered  of  record  in  the  proper 


court,  the  result  of  such  election  in  the  territorial  area  for  which  the 
contest  is  made.  The  judgment  of  the  Court  shall  be  final.  A  certified 
copy  of  said  decree  shall  forthwith  be  made  by  the  clerk  of  the  court 
and  transmitted  to  the  board  canvassing  the  returns  for  such  office 
and  in  case  of  contest,  if  for  nomination  for  an  office,  tabulated  state- 
ments of  returns  for  which  are  filed  with  the  Secretary  of  State,  also 
in  the  office  of  the  county  clerk  of  the  proper  county.  The  proper 
canvassing  board,  or  boards,  as  the  case  may  be,  shall  correct  the 
returns  or  the  tabulated  statement  of  returns  in  accordance  with  said 
decree. 

§  64.  Nothing  in  this  Act  contained  shall  be  construed  to  prevent 
the  nomination  of  independent  candidates  by  petition  as  is  now  or  may 
hereafter  be  provided  by  law. 

§  65.  No  spiritous,  malt,  vinous,  or  intoxicating  liquor  shall  be 
sold  or  given  away,  nor  shall  any  saloon,  bar  room  or  place  where 
such  liquor  is  sold  or  given  away,  be  open  during  the  holding  of  any 
primary.  Whoever  violates  the  provisions  of  this  section  shall  be  fined 
in  a  sum  not  less  than  twenty-five  (25)  nor  more  than  one  hundred 
(100)  dollars.  It  shall  be  the  duty  of  the  sheriff,  constable,  coroner 
and  other  officers  of  the  county,  the  magistrates  and  mayors  of  cities 
to  see  that  the  provisions  of  this  section  are  enforced. 

§  66.  If  any  person  whose  vote  is  challenged,  or  any  witness 
sworn  under  the  provisions  of  this  Act,  shall  knowingly,  wilfully  and 
corruptly  swear  falsely,  he  shall  be  deemed  guilty  of  perjury  and  on 
conviction  thereof,  shall  be  punished  accordingly. 

§  67.  (i)  Whoever  unlawfully  votes  more  than  once  at  any  pri- 
mary or  offers  to  vote  after  having  once  voted  at  such  primary,  or 
knowing  that  he  is  not  a  qualified  elector  at  a  primary,  wilfully  votes 
at  such  primary,  shall  on  conviction  thereof  be  fined  in  a  sum  not 
exceeding  one  thousand  (1,000)  dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  one  (i)  year,  or  both  in  the  discretion  of  the  Court; 

(2)  Whoever  wilfully  aids  or  abets  any  one  not  legally  qualified 
to  vote  at  a  primary  in  voting  or  attempting  to  vote  at  such  pri- 
mary; or 

(3)  By  unlawful  means  prevents  or  attempts  to  prevent  any  pri- 
mary elector  from  attending  or  voting  at  a  primary ;  or 

(4)  Gives  or  offers  to  give  any  valuable  thing  or  bribe  to  any 
judge  or  clerk  of  a  primary,  as  a  consideration  of  some  act  to  be  done 
or  omitted  to  be  done  contrary  to  his  official  duty  in  relation  to  such 
primary  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding 
one  thousand  (1000)  dollars  or  imprisoned  in  the  county  jail  not  ex- 
ceeding one   (i)   year,  or  both,  in  the  discretion  of  the  Court;  any 
judge  or  clerk  who  shall  receive,  request  or  demand  any  bribe  or  re- 
ward forbidden  by  this  Act  shall,  on  conviction,  be  liable  to  the  same 
penalties  as  prescribed  in  this  Act  for  giving  or  offering  to  give  such 
bribe  or  reward. 

§  68.  (i)  Any  person  who  shall  solicit,  request,  demand  or  re- 
ceive, directly  or  indirectly,  any  money,  intoxicating  liquor  or  other 
thing  of  value,  or  the  promise  thereof,  either  to  influence  his  vote,  or 


to  be  used,  or  under  the  pretense  of  being  used  to  procure  the  vote  of 
any  other  person  or  persons  or  to  be  used  at  any  poll  or  other  place 
prior  to  or  on  the  day  of  a  primary  for  or  against  any  candidate  for 
office,  or  for  or  against  any  measure  or  question  to  be  voted  upon  at 
such  primary,  shall  be  deemed  guilty  of  the  infamous  crime  of  bribery 
in  primaries  and  upon  conviction  thereof  in  any  court  of  record,  shall 
be  sentenced  to  disfranchisement  by  the  judge  of  such  court  for  a  term 
of  not  less  than  five  and  not  more  than  fifteen  years,  and  to  the  county 
jail  not  less  than  three  months  nor  more  than  one  year,  and  to  pay  the 
cost  of  prosecution  and  stand  committed  to  the  county  jail  until  such 
costs  are  fully  paid.  That  for  a  conviction  of  a  second  offense  under 
this  section,  the  first  being  alleged  and  proven,  such  offender  shall 
be  by  sentence  of  the  court  forever  thereafter  disfranchised  and  de- 
prived of  the  right  to  vote  at  a  primary  in  this  State,  and  be  impris- 
oned in  the  county  jail  not  less  than  one  year,  and  be  committed  to  jail 
in  default  of  the  payment  of  costs  of  prosecution  until  such  costs  are 
fully  paid.  Prosecutions  may  be  had  under  this  section  by  indictment 
in  the  circuit  court,  or  by  information  in  the  county  courts,  and  the 
effect  of  a  sentence  of  disfranchisement  in  either  of  said  courts  both 
having  jurisdiction  of  offenses  hereunder,  shall  be  to  deprive  such  per- 
sons sentenced  of  the  right  to  vote  at  any  primary  within  this  State  for 
the  period  of  time  fixed  by  the  court  where  such  person  shall  be  con- 
victed under  this  section.  Any  candidate,  or  other  person  paying, 
furnishing  or  promising  to  pay  or  furnish'  or  bribing  such  person,  with 
money,  intoxicating  liquor,  or  any  other  thing  of  value,  or  the  promise 
thereof,  shall  not  be  liable  to  punishment  therefor,  but  shall  be  a  com- 
petent witness  and  compelled  to  testify  in  prosecutions  under  this  sec- 
tion. Solicitations  of  any  person  or  a  loan  of  money,  or  the  purchase 
of  anything  of  value,  or  any  other  subterfuge,  shall  be  deemed  a  viola- 
tion thereof. 

(2)  Any  person  who  shall  have  been  legally  convicted  and  dis- 
franchised by  a  court  of  competent  jurisdiction,  who  shall  before  the 
expiration  of  his  term  of  disfranchisement,  vote  or  offer  to  vote  at  any 
primary  within  this  State  shall,  upon  indictment  and  conviction  thereof 
in  a  court  of  competent  jurisdiction,  be  confined  in  the  penitentiary  for 
a  term  of  years  not  less  than  one  nor  more  than  ten  years. 

§  69.  Whoever  is  disorderly  at  a  primary  shall  forfeit  a  sum  not 
exceeding  twenty-five  (25)  dollars. 

§  70.  Whoever  bets  or  wagers  any  money,  property  or  other  valu- 
able thing  upon  the  result  of  the  primary  or  bets  or  wagers  money, 
property  or  other  valuable  thing  upon  the  number  of  votes  which  may 
be  given  to  any  person  at  a  primary,  or  who  shall  receive  the  greatest 
number  of  votes  at  a  primary ;  or  agrees  to  pay  any  other  person  any 
money,  property  or  other  valuable  thing  in  the  event  that  a  primary 
shall  result  in  one  way  or  in  the  event  that  any  person  shall  or  shall 
not  be  nominated  or  shall  receive  a  greater  number  of  votes  than 
others,  upon  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 
one  thousand  (1000)  dollars,  or  imprisoned  in  the  county  jail  not 
exceeding-  one  year,  or  both,  in  the  discretion  of  the  Court. 


§  71-  (i)  If  any  judge  of  a  primary  shall  permit  a  person  to  vote, 
whose  vote  is  challenged,  without  the  proof  required  in  this  Act ;  or 

(2)  Shall  knowingly  and  wilfully  permit  a  person  to  testify  as  a 
witness  contrary  to  the  provisions  of  this  Act ;  or 

(3)  Shall  knowingly  permit  a  person  to  vote  who  is  not  qualified 
according  to  law ;  or 

(4)  Shall  knowingly  receive  and  count  more  than  one  vote  from 
the  same  person  at  the  same  primary  for  the  same  office,  except  as 
allowed  by  law ;  or 

(5)  Shall  refuse  to  receive  the  vote  of  a  qualified  primary  elector 
at  such  primary,  who  will  make  the  affidavit  of  and  proof  required  by 
this  Act ;  or 

(6)  Shall  be  guilty  of  any  fraud,  corruption  or  manifest  misbe- 
havior; or 

(7)  Shall  open  or  unfold  any  ballot  when  the  same  is  presented  to 
be  deposited  in  the  ballot  box ;  or 

(8)  Shall  wilfully  neglect  to  perform  any  of  the  duties  required 
of  him  by  this  Act ;  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  thousand  (1000)   dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  Court. 

§  72.  If  any  person  wilfully  or  corruptly  ascertains,  publishes  or 
reveals  how  a  primary  elector  voted  at  a  primary,  he  shall,  on  convic- 
tion thereof,  be  fined  in  any  sum  not  exceeding  one  thousand  (1000) 
dollars  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  Court. 

§  73.  If  any  clerk  of  a  primary  shall  wilfully  neglect  to  perform 
any  duty  required  of  him  as  primary  clerk,  or  shall  be  guilty  of  fraud, 
corruption,  or  misbehavior,  he  shall,  on  conviction  thereof,  be  fined  in 
a  sum  not  exceeding  five  hundred  (500)  dollars,  or  imprisoned  in  the 
county  jail  not  exceeding  six  months,  or  both,  in  the  discretion  of  the 
Court. 

§  74.  If  any  judge,  clerk  or  messenger,  after  having  been  deputed  by 
the  primary  judges  to  carry  the  primary  poll  books,  tally  sheets  and 
returns  of  such  election  to  the  place  where  by  law  they  are  required 
to  be  canvassed,  wilfully  or  negligently  fails  to  deliver  such  primary 
poll  books,  tally  sheets  or  returns  within  a  time  prescribed  by  law,  with 
the  seal  unbroken,  he  shall,  upon  conviction  thereof,  be  fined  in  a  sum 
not  exceeding  five  hundred  (500)  dollars  or  imprisoned  in  the  county 
jail  not  exceeding  six  months,  or  both,  in  the  discretion  of  the  Court. 

§  75.  If  any  county,  city  or  town  clerk  wilfully  or  refuses  to  per- 
form any  duty  required  of  him  by  this  Act,  he  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  not  exceeding  five  hundred  (500)  dollars 
and  shall  be  liable  to  the  person  injured  by  reason  of  such  neglect  or 
refusal  in  an  amount  not  exceeding  five  hundred  (500)  dollars,  to  be 
recovered  in  an  action  on  the  case. 

§  76.  If  any  person  whose  duty  it  is  to  canvass  the  returns  or 
make  a  tabulated  statement  thereof,  shall  be  guilty  of  fraud,  corrup- 
tion or  misbehavior,  in  so  canvassing  the  returns  or  making  a  tabulated 
statement  thereof,  he  shall,  upon  conviction,  be  fined  in  any  sum  not 


n8 

exceeding  five  hundred  (500)  dollars  or  be  imprisoned  in  the  county 
jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  Court. 

§  77.  Whoever  shall  wilfully  and  wrongfully  take  or  carry  away 
from  the  place  where  it  has  been  deposited  for  safe  keeping,  or  deface, 
mutilate  or  change  any  primary  poll  book,  tally  sheet  or  ballot,  or  any 
name  or  figure  therein,  shall,  upon  conviction  thereof,  be  fined  in  a 
sum  not  exceeding  one  thousand  (1000)  dollars  or  imprisoned  in  the 
county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of  the 
Court. 

§  78.  Any  person  or  member  of  a  board  or  any  primary  judge, 
clerk  or  other  officer,  who  is  guilty  of  stealing,  wilfully  and  wrong- 
fully .breaking,  destroying,  mutilating,  defacing,  falsifying,  or  unlaw- 
fully moving  or  secreting  or  detaining  the  whole  or  any  part  of  any 
ballot  box,  or  any  record,  primary  poll  book,  tally  sheet,  or  copy 
thereof,  oath,  returns,  or  any  other  paper  or  document  provided  for  in 
this  Act,  or  who  shall  fraudulently  make  any  entry,  erasure  or  altera- 
tion therein,  except  as  allowed  and  directed  by  the  provisions  of  this 
Act,  or  who  permits  any  other  person  so  to  do,  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  not  exceeding  one  thousand  (1000)  dollars, 
or  imprisoned  in  the  county  jail,  not  exceeding  one  year,  or  both, 
in  the  discretion  of  the  Court. 

§  79.  If  any  person  shall  commit  any  act  prohibited  herein  or  re- 
frain from  doing  any  act  or  duty  required  to  be  done  herein,  and  if  any 
person  shall  in  any  manner  be  guilty  of  a  violation  of  this  Act,  whether 
the  same  is  denominated  an  offense  or  not,  and  for  which  no  punish- 
ment is  herein  specially  provided,  such  person  shall,  upon  conviction 
thereof,  be  fined  in  a  sum  not  less  than  twenty-five  (25)  nor  more  than 
one  hundred  (100)  dollars,  or  imprisoned  in  the  county  jail  not  exceed- 
ing one  year,  or  both,  in  the  discretion  of  the  Court. 

§  80.  An  Act  entitled  "An  Act  to  regulate  primary  elections  of 
voluntary  political  associations  and  to  punish  frauds  therein,"  approved 
June  6,  1889,  in  force  July  I,  1889;  an  Act  entitled  "An  Act  providing 
for  primary  elections  of  delegates  to  nominating  conventions  of  polit- 
ical parties  or  associations,  and  to  provide  for  the  purity  thereof," 
approved  April  24,  1899,  in  force  July  I,  1899;  an  Act  entitled  "An 
Act  providing  for  primary  elections  of  delegates  to  nominating  con- 
ventions of  political  parties  or  associations  and  to  promote  the  purity 
thereof,  by  regulating  the  conduct  thereof  and  to  support  the  privileges 
of  free  suffrage  thereat  by  prohibiting  certain  acts  and  practices  in  re- 
lation thereto  and  providing  for  the  punishment  thereof,"  approved 
and  in  force  February  10,  1898,  as  amended  by  an  Act  approved  May 
n,  1901,  in  force  July  I,  1901,  and  all  other  Acts  and  parts  of  Acts 
inconsistent  with  this  Act  are  hereby  repealed. 

§  81.  That  the  invalidity  of  any  portion  of  this  Act  shall  not  affect 
the  validity  of  any  other  portion  thereof,  which  can  be  given  effect 
without  such  invalid  part. 

Approved  February  21,  1908. 


PRIMARY  PETITION. 

(For  number  of  signatures,  time  and  place  of  niina ,  etc.,  see  sections  HO  and  HI  of  the 
Primary  Law  of  HHIX.  ) 

To  the  (Name  of  Filing  Officer) : 

We,  the  undersigned,  members  of  and  affiliated  with  the 

party,   and   qualified   primary   electors   of  said party,   in   the 

of in  the  county  of 

and  State  of  Illinois,  do  hereby  petition  that   

who  resides  at  in  the  county  of 

and  State  of  Illinois,  shall  be  a  candidate  of  the  party 

for  the  nomination  for  the  office  of to  be  voted  for  at 

the  primary  election  to  be  held  on  the day  of 

..A.  D.  19.. 


Signature. 

Address:    With  street  number  in 
cities  of  over  10,  000. 

1 

2 

3 

4 

5 

6 

7 

8 

4  

9 

10 

11 
12 

13 

14 

15 

[25  lines  for  signatures. 


STATE  OF  ILLINOIS, 
COUNTY  OF 


ss. 


am 


I, do   hereby   certify   that   I 

upwards  of  the  age  of  twenty-one  years,  that  I  reside  at  Number 

street,    in   the of county 

of and  State  of  Illinois,  and  that  the  signatures  on 

this  sheet  were  signed  in  my  presence  and  are  genuine,  and  that  to  the  best 
of  my  knowledge  and  belief  the  persons  so  signing  were  at  the  time  of  sign- 
ing said  petition  qualified  voters,  and  that  their  respective  residences  are 
correctly  stated  as  above  set  forth. 


Subscribed  and  sworn  to  before 
-..A.  D.  19.... 

[SEAL.] 


me  this day  of . 


SHEET   NO. 


120 


INDEPENDENT  PETITION. 

(For  number  of  signatures,  time  and  place  of  ftlina.  etc.,  see  article  V,p.  31.) 

To  the   (Name  of  Filing  Officer) : 

We,  the  undersigned  qualified  voters  of  the (name  of 

political  division)    here  nominate of    

county   of    State   of    Illinois,    as   the    candidate    of   the 

party  for  the  office  of  for  the  politi- 
cal division  aforesaid,  and  we  certify  that  we  have  not  voted  at  a  primary 
election  nor  signer  any  other  petition  for  the  nomination  of  any  candidate 
for  the  office  aforesaid: 


Signature. 

Address:    With  street  number  in 
cities  of  over  10,  000. 

1 

2 

3 

4 

5 

6 

7 

8 

q 

10 

11 

x  

12 

13 

14 

15 

[25  lines  for  signatures.] 


STATE  OF  ILLINOIS, 
County. 


I, ,  an  adult  resident  of  the 

(name  of  political  division),  do  hereby  certify  that  my  residence  address  is 

No street,  ,  Illinois ;  that  the 

signatures  on  this  sheet  were  signed  in  my  presence  and  are  genuine;  that, 
to  the  best  of  my  knowledge  and  belief,  the  persons  so  signing  were,  at  the 
time  of  signing,  qualified  and  duly  registered  voters  of  the  political  division 
aforesaid  and  that  their  respective  addresses  are  correctly  stated  therein 


Subscribed  and  sworn  to  before  me  this day  of 

..A.  D.  19.. 


[SEAL.] 


Notary  Public. 


SHEET  NO. 


121 


CERTIFICATE  OF  NOMINATION. 
UNDEE  AUSTRALIAN  BALLOT  LAW. 

(For  number  of  signatures,  time  and  place  of  filing,  etc.,  see  article  V,  p.  31.) 

To  the (Name  of  Filing  Officer) : 

THIS  is  TO  CERTIFY,  in  accordance  with  the  law  relating  thereto,  that  at  a 

convention  of  delegates  representing  the  party  in 

the (name  of  political  division) ,  held  in  the 

of county  of and  State  of  Illinois, 

on  the day  of A.  D.  19. . .,  the  following 

nominations  were  made  for  the  offices  herein  designated,  viz.: 


Office  to  be 
Filled. 

Name  of  Candidate. 

Residence, 
(Street  and  No.,  if  any.) 

Given  under  our  hands  this. 
A.  D.  19.. 


,day  of, 


of Illinois, 

Chairman  of  the  Convention. 


of Illinois, 

Secretary  of  the  Convention. 

STATE  OF  ILLINOIS, 

County, 

Personally  appeared  before  me  this day  of A.  D. 

19 and   ,  whose 

names  are  subscribed  to  the  above  certificate,  who,  being  duly  sworn,  on  their 
oaths  say  that  they  severally  subscribed  the  same  as  chairman  and  secretary, 
respectively,  of  the  convention  aforesaid,  and  that  the  same  is  true  to  the 
best  of  their  knowledge  and  belief. 


(Imp.  of  Seal.) 


Notary  Public. 


122 


INDEX  TO  ELECTION  LAWS. 


GENERAL  ELECTIONS. 


AFFIDAVITS  :  PAGE. 

Of    voter    43 

Of  witness 44 

AMENDMENTS  : 

Constitutional,  publication  of 78 

Constitutional,  voting  on   39 

APPORTIONMENT  : 

Congressional     67 

Judicial- 
Appellate  courts 76 

Circuit    courts 11,  77 

Supreme  courts    10,  76 

Representative  and   Senatorial 9,  69 

ATTORNEY  GENERAL  : 

Election,  term,  residence,  duties..  10,  17 

AUDITOR  OF  PUBLIC  ACCOUNTS  : 

Election,  term,  residence,  duties.  .10, 17 

BALLOT : 

All  votes  by    15 

Forms   of    37,  44,  79 

Publication    of     38,  41 

Separate    for    propositions    to    be 

voted  on 39,  79 

BALLOT  BOXES  : 

County  board  to  provide 41 

Publicly  exhibited,  locked,  keys  to.  45 

BALLOTS  : 

Canvass  and  disposition  of 49 

Cumulative     40,  47 

Form   of — how  printed 37,   41,  44 

Manner    of   preparing    46 

Manner   of  voting    46 

Pasters  on   36 

Printed  at  public  expense 37 

Specimens    to    be    posted 41 

Spoiled  and  not  counted 48 

To  be  counted  in  contest 58 

Unlawful  exhibition  of 61 

What   to  contain    37,  44 

Women's    44 

BOARD  OF  EQUALIZATION  : 

Election  of  members,  term,  etc. ...  18 


PAQB. 
BOARD  OF  REGISTRATION  : 

Compensation   of   members 30 

Meetings,  duties,  etc 27,  30 

Offenses   and   penalties 63 

BOOTHS  : 

Description,  number,  stationery  for     42 

CANDIDATES  : 

Death — declination,    etc 34 

Nomination    of    31,  32 

To  fill  vacancy 35 

Withdrawal,    vacancy,    etc 34 

CANVASS  OF  BALLOTS  : 

,    How  made,  proclamation,  etc 49 

CANVASS  OF  RETURNS  : 

How  made  by  county  clerk 52 

How  made  by  Secretary  of  State .  ,  54 

Proclamation  by  Governor 54 

CERTIFICATES  : 
Of  Election — 

Issued  by  county  clerk 53 

Issued   by    Governor    54 

Of   Nomination — 

Blank,    Australian   ballot   law...  121 

By   petition    32 

Objections   to,   how  decided 35 

Where  filed    33 

Withdrawal,    vacancy,    etc 34 

CHALLENGERS  : 

Two  allowed  for  each  party 52 

CLERKS  : 

General  provisions  concerning  elec- 
tion   of     19 

City,    Village  or  Town — 

Charged  with  printing  and  distri- 
tion    of    ballots    38,41 

County — 

Duty  in  canvassing  returns 52 

Duty  in  case  of  tie  vote 53 

Election,     term,     etc 19 


I23 

Index,  General  Elections — Continued. 


CLERKS—  Concluded.  PAGE. 

County — Concluded. 

Have  charge  of  printing  ballots, 

etc T. 38,41 

Issues  certificates  of  election ...     53 
Makes    returns    to    Secretary    of 

State    53 

Neglect    of    duty 63 

To    furnish    blanks,    poll    books, 

etc    .  42 


Of  Courts — 

Appellate,  election,  term,  etc 
Circuit,  election,  term,  etc... 
City,  election,  term,  etc 


Cook  county,  election,  term,. 
Criminal,  election,  term,  etc. 
Probate,  election,  term,  etc . . 
Superior,  election,  term,  etc.  . 
Supreme,  election,  term,  etc. 


.  19 
.  19 
.  19 
12,19 
.  19 
.  19 
.  19 
11,19 

Of  Election — 

Appointments,  oath,  etc    26 

Compensation    30 

Offenses   and   penalties 62 

COMMISSIONERS  : 
County — 

Cook    county,    election,    term...  12,  20 

Election,    term,   etc    12, 21 

Of  Elections — 

Charged   with    printing   and   dis- 
tribution  of  ballots    38,41 

Voting   Machine — 

Appointment,  term,  duties    79 


COMPENSATION  : 

Of    election    officers. 


30 


CONGRESS  : 

Apportionment    for    67 

Election   of   representatives 17 

CONSTABLES : 

Appointment    by    county    board    or 

judges    27 

Compensation    30 

Election    11 

Special    27 

Suppressing  riots,  arrests 27 

CONTESTS : 

Nominations,   how  decided 35 

Who  may  contest,  notices,  etc ....  54 

Who  may  hear  and  determine.  .     35,  54 

CONVICTS  : 

Disqualified  to  vote 44 

CORONER  : 

Election,    term,   etc 20 


COURTS : 
Appellate — 

Apportionment    76 

Election   of   clerk,    term,    etc 19 


COURTS—  Concluded.  PAGE. 

Circuit- 
Apportionment,  election  of  judges 

11,77 

Clerks — election,  term,  etc.  .11, 13,  19 

Cook  county  one  circuit   11 

Judges — election,    term,   etc.  11,  13,  18 

City- 
Clerks — election,    term,    etc.  13, 14,  19 
Judges — election,   term,   etc 13,19 

County — 

Clerks — election,    term,    etc....  14, 19 
Judges — election,    term,    etc.  . .  .13,  19 

Criminal,   Cook  County — 

Clerk — election,     term,     etc 12, 19 

Probate — 

Clerk — election,    term,    etc 19 

Judges — election,    term,    etc...  13,  19 

Superior — 

Clerks — election,    term,    etc 12,19 

Judges — election,  term,  etc.  .12, 13, 18 

Supreme — 

Apportionment     76 

Chief  Justice — election,  term,  etc     11 

Clerks — election,    term,    etc 11,19 

Judges — election,   term,   etc.  10, 13, 18 

CUMULATIVE  VOTES  : 

How    voted 40,47 

ELECTIONS  : 

Calendar  of 5 

Contesting,  notices,  depositions,  etc  54 

Manner    of    conducting 45 

No  adjournment  or  recess 46 

Primary — see    "Primary   Elections" 

index    : 126 

Proclamation  on  opening  and  clos- 
ing  polls    45 

Returns,    canvass    of 52,  53 

Time  polls  kept  open 45 

Voting  machines  authorized 79 

ELECTION    PRECINCTS  : 

Change,    division,    etc 22 

ELECTORS    OF    PRESIDENT    AND    VICE 

PRESIDENT  : 

Election,  certificates,  returns,  meet- 
Ing,    etc    16 

ELIGIBILITY  : 
Constitutional  provisions  concerning     12 

FORMS  : 

Blanks    119 

GENERAL  ASSEMBLY  : 

Election  of  members 9,  11, 18 

GOVERNOR : 

Election,   term,    residence 10,17 

Issues   certificates  of  election 16,  53 

Present  during  canvass  of  returns.      54 
Proclamation   of,   concerning  result 

of  canvass    54 


124 

Index,  General  Elections — Continued. 


-GOVERNOR,   LIEUTENANT  :  PAGE. 

Election,  term,  residence,  duties.  .10, 17 

INSTRUCTIONS  TO  VOTERS  : 

Election  officers  to  print  and  post.     41 

JUDGES : 

General  provisions  concerning  elec- 
tion   of     13,18 

Of    Circuit    Courts — 

Election,   term,   etc    11,13,18,78 

Of  City   Courts — 

Election,    term,    etc 19 

Of   County    Courts — 

Election,    term,    etc.. 13,19 

Of   Elections — 

Appointment,   qualifications,   etc.      23 

Compensation     30 

Offenses   and   penalties 62 

To  allow  challengers 52 

To   keep   ballot  boxes 41 

To   post   specimen   ballots,   etc. .     41 

Of  Probate  Courts — 

Election,    term,    etc 19 

Of   Superior  Courts — 

Additional  judges   11 

Election,    term,    etc 11,13,18 

Of   Super!  or  -Court — 

Election,     term,     etc 10,13,18 

JUSTICE  : 

Chief.      Supreme     Court,     election, 

term    11 

JUSTICES   AND   CONSTABLES  : 

Election,   term,  jurisdiction,   etc..  11,  21 

LIQUOB  : 

Offenses  and  penalties  regarding. . .     59 

MEMBERS    OP   CONGRESS  : 

Apportionment     67 

Election,  term,  etc 17 

MINORITY   REPRESENTATION: 

Constitutional    provisions    concern- 
Ing    9 

MUNICIPAL  OFFICERS  : 

Eligibility,    salary,    etc 14 

NOMINATIONS  : 

Blank  forms  for  certificates  of....  121 
Caucus    nominations,    requisites.  .31,  32 

Contests,    how    decided 35 

Nominations,      papers,      signatures, 

etc 32 

Publication  of  lists  of 41 

Secretary  of  State  to  certify 36 

To  fill  vacancy 35 

NOTICES  : 

Manner  of  giving  election  notices . .     36 
Secretary  of  State  to  certify  nom- 
inations         36 

OATHS  : 

Of  challenged  voter  and  witness. .     43 
Of  judges  and  clerks  of  election. .     26 


OFFENSES    AND    PENALTIES  :  PAGE. 

By   election   officers 62 

By    other    persons 59 

OFFICERS  : 

County — 

Election,    terms,    etc 14,20 

Election — 

Appointment,     qualifications     ...      23 

Compensation    of    30 

To  post  specimen  ballots 41 

Municipal — 

Eligibility,    salary,    etc 14 

Public — 

Eligibility   to    office    12 

Offenses   and   penalties 63 

State — 

Election,     term,     residence,     du- 
ties     10,  17 

Returns    of    election    10,  53 

PETITIONS  : 

Blank  forms    119,  120 

POLL  BOOKS  : 

County  clerk  to  provide 42 

How    kept    45 

To  be   filed   with   tally   lists 52 

POLL  LISTS  : 

Manner  of  making  and  revising.  .27,  28 
Where    filed     29 

POLLS  : 

Electioneering    at,    prohibited 61 

No  adjournment  or  recess 46 

Time  kept   open 45 

PRECINCTS,   ELECTION  : 

Change    of,    division,    etc 22 

Polling  places  at  Soldiers'  Home.  .     22 


PRIMARIES  : 

See  "Primary  Elections,"  index. 


126 


PROCLAMATION  : 

On   opening  and  closing  polls 45 

PUBLICATION  : 

Of  ballot    39,41 

Of   lists    41 

Of  propositions  to  be  voted  for.  .  .39,  78 

QUALIFICATIONS  : 

Of  clerks  of  elections 26 

Of    electors    15,  42 

Of    inmates    of    charitable    institu- 
tions          43 

Of  judges   of   elections 23 

Of  public  officers 13,  15 

Of    witness    44 

Of   women    44 

QUESTIONS  OF  PUBLIC  POLICY  : 

Submission    to   electors 79 

RECORDER   OF    DEEDS  : 

Election,    term,    etc 14,  20 


125 


Index,  General  Elections — Concluded. 


REGISTER  :  PAGE. 

Blanks   furnished    by    Secretary    of 

State 30 

Checking   list    of   voters 46 

Corrections,    revisions    29 

Exceptions  in  making   30 

Piling,  delivery,  voting  by,  etc ....  29 

Manner   of   making    27 

Open  to  inspection   30 

Women  must  register    44 

REGISTRATION  : 
Board   of — 

Compensation    30 

Meetings,    register,    etc 27,  28 

Offenses  and  penalties 63 

Exceptions   in   making  register ....  30 

Fraudulent — false    swearing,    etc. .  59 

REPRESENTATIVES  IN  CONGRESS  : 

Apportionment     67 

Election,    term,    etc 17 

REPRESENTATIVES,   STATE  : 

Apportionment    69 

Cumulative   vote   for 40,  47 

Election,    term,    number '...9,17 

RESIGNATIONS    AND    VACANCIES  : 

Constitutional   provisions    14 

Resignations,    how    made 64 

Vacancies,   how   filled 26,   64 

Who  may  determine  vacancies.  ...     64 

RETURNS    OF   ELECTION  : 

Electors     of     President     and     Vice 

President    16 

How    made    to    county    clerk,    form 

and    canvass    51 

How  made  for  State  officers.  .10,  52,  54 

SECRETARY   OF   STATE : 

Election,    term,    residence,    duties.  10,  17 

To  canvass   returns 54 

To  decide  by  lot  in  case  of  tie 53 

SENATORS,   STATE  : 

Apportionment    for     9,  69 

Election,    term,    number 9,18 

SHERIFF  : 

Election,    term,    etc 4,20 

To  post  notices  of   election 36 

STATE'S   ATTORNEY  : 

Election,    term,    etc    11,20 

SUFFRAGE : 

Constitutional   provisions    15 

SUPERINTENDENT,    COUNTY  : 

Election,    term,    etc 12,  20 


PAGE. 

SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION : 
Election,    term,    residence,    duties.  10, 17 

SUPERVISOR  : 

Refusal  or  neglect  of  duty 63 

To  post  notices  of  election 37 

SURVEYOR : 

Election,  term,  etc 20 

TALLY  LISTS  : 

How    made    . .  49,  50 

Where  filed    51 

TIE  VOTE: 

Duty  of  county  clerk  in  case  of . . .  53 
Duty  of  Secretary  of  State  in  case 

of    54 

TREASURER,  COUNTY  : 

Election,    term,    etc 4,  20 

TREASURER,  STATE  : 

Election,    term,    residence 10, 13,  17 

TRUSTEES    OP    UNIVERSITY    OF    ILLI- 
NOIS : 
Election,  term,  etc 17 

VACANCIES  : 

See  "Resignations  and  Vacancies".     64 

VOTERS  : 

Assistance,  when  and  how  given.  .  47 
Cumulative  votes,  how  voted ....  40,  47 
Entitled  to  two  hours ;  to  give 

notice    44 

Inmates  of  charitable  institutions.  43 
Instructions  to,  printed  cards,  etc.  41 

Manner  of  voting   46 

Offenses   and   penalties 58 

Privileged  from  arrest  and  military 

duty 15 

Qualifications    15,  42 

VOTING  MACHINES  : 

Use    authorized     79 

WITNESS  : 

Affidavit    of     44 

Offenses   and   penalties 58 

WOMEN  : 

May  vote  for  school  officers ;  must 

register    44 


126 


PRIMARY  ELECTIONS— ACT  OF  1908. 


[References  are  to  sections.] 


AFFIDAVIT  :  SECTION. 

Of  voter  and  witness. .  46 


ALDERMEN  : 
Under   minority   representation  ? . . . 


12 


BALLOT  Box: 

Care    and    custody 43 

What    used    24 

BALLOTS  : 

Canvass  of   51-56 

Color,   size,  etc 35 

Defective,    objected    to,    etc 52 

Delivery    to  judges,   receipt 39,  40 

Extra  for  emergency 41 

For  general   election 60 

Form,   how  endorsed,   etc 36,37,55 

How  marked    47 

How    printed     33,  34,  36 

How  voted  and  preserved ....  48,  52,  56 
Specimen    38 

BOABD  OF  ELECTION  COMMISSIONERS  : 
Duties    57,  62 

BOOTHS  : 

Provisions  concerning   23 

BRIBERY  : 

Term    denned,    penalty 67,  68 

CANDIDATES  : 

Certification  of  nomination  or  elec- 
tion     58,  60 

Contests  regulated    63 

Independent    nominations    by    peti- 
tion        64 

Names   on   ballot    28,32,34,36,60 

Nominations  by  plurality  vote ....      59 

Petition,  form,  filing,  etc 30,  31 

Tie   vote,    how   decided 59 

Under  minority  representation. .  .  .11,  12 
Vacancies    filled   by    committee. ...      61 

What    nominated    1 

Withdrawal    (8)    31 

CANVASS  OF  BALLOTS  : 

How    conducted     51-56 

Offenses    and   penalties 74,  78 

CANVASS  OF  RETURNS  : 

How    conducted    57 

Offenses  and  penalties 76-78 


CERTIFICATES  :  SECTION. 

Of  names  to  county  clerk 32,  60 

Of  nomination  and  election 58,  60 

To  poll  book 27,  54 


CHALLENGERS  : 

Who  to  act   22 

CLERKS  _ 

Canvass   of  returns    57,  58 

Offenses    and    penalties 73-78 

Primary,    oath    18, 19 

Officers    of    county    court 18 

Payment    21 

Who  to  act   17 

To  announce  color  of  ballots,  etc. .     35 

To  give  notice  of  primary 13,  61 

To    prepare    ballots 33,34,60 

COMMITTEEMEN  : 

Election    1,  9 

Precinct,  blank  on  ballot  for  name.36.  47 
To  appoint  challengers 22 

COMMITTEES  : 

Central    or    managing    8 

Composition,   organization,   powers.  9 

Existing  recognized    (8) 9 

Vacancies    filled   by 61 

CONVENTIONS  : 

Call,   date,   organization,   etc ......      10 

DATES : 

Announcement  of  color  of  ballots.  .  35 
Certifying  names  to  county  clerk .  32,  60 

Deciding  tie  vote 59 

Delivery    of    ballots 38,  39 

Filing  call  for  convention  (8) ....  10 
Filing  contest  notice  and  hearing.  63 
Filing  petition  for  nomination ...  29,  31 
Filing  resolution  under  minority 

representation     11, 12 

Filing    revocation    of    signature    to 

petition    30 

Filing  withdrawal  of   candidate ...      31 

Holding   conventions    10 

Holding    regular    and    special    pri- 
mary      6,  51 

Issuing    certificate    to    nominee    or 

committeemen    58,  60 

Issuing  notice   of  primary 13,61 


I27 

Index,  Primary  Election — Concluded. 


DATES—  Concluded.  SECTION. 

Making   returns    of   primary 56,  57 

Meeting  and   organization   of  com- 
mittee         9 

Posting   specimen   ballots 38 

Preserving  ballots    52,  56 

DEFINITIONS  : 

Words  and  phrases  denned 2,4,68 

DELEGATES  : 

How    chosen    .  10 


EXPENSES : 
Payment 


26 


FORMS  : 

Affidavit  of  voter  and  witness ....     46 

Ballots    36,37,55 

Certificate   to  county   clerk 32,  60 

Contest    petition     63 

Convention   call    10 

Notice  of  election    13,  61 

Oath  of  Judge  and  clerk 18 

Petition   of  candidate 30 

Poll    book    27,  54 

Tally   sheet    28 

JUDGES  : 

Oath    18,19 

Offenses  and  penalties   71-79 

Officers  of  county  court   18 

Payment    21 

To  canvass  ballots    51-56 

To    fill    vacancies 16 

Who    to   act    13,14 

LIQUOR  : 

Offenses  and  penalties  65 

MINORITY  REPRESENTATION  : 

Alderman   and   representative 11,12 

NOMINATIONS  : 
See  "Candidates." 

NOTICES  : 

Contest   63 

Primary,  regular  and  special  ....  13,  61 

OATHS  : 

Judge  and  clerk  18, 19 


OFFENSES   AND   PENALTIES  : 

Betting    70 

Bribery    67,  68 

Canvassing    returns    76-78 

Clerks 73-78 

Disclosing   how   elector   voted 72 

Disorderly    conduct    69 

Electioneering  near  polls 23 

False    swearing     30,  66 

Illegal   voting    67,  68 

Judges    71,  74,  78 

Liquor  selling,  etc 65 


PERJURY  : 

False    swearing    deemed. 


PETITIONS  :  SECTION. 

See   "Candidates." 

POLITICAL  PARTY  : 

Existing  committees    (8) 9 

Term  defined  2 

Total   vote,  how  determined 3 

POLL   BOOKS  : 

False    entries    . . . 
Form,    certificate, 


78 

etc 27,54 


POLLS : 

Adjournment  prohibited    50 

Opening  and  closing   6,  42 

Place  of  holding    5 


REPEAL : 

Acts  of  1889,  1898  and  1899 


80 


REPRESENTATIVES     IN    GENERAL    AS- 
SEMBLY : 
Provisions  concerning   11 


RETURNS  OF  ELECTION  : 
How   made  and  canvassed 


56-58 


SECRETARY  OF  STATE  : 

Certificate   to  county   clerk    32,  60 

Certificate   to  nominee   or   commit- 

teeman    58 


SPECIAL  ELECTION  : 
Provisions  concerning 


81 


.30,66 


SUPPLIES  : 

How  furnished    25 

TALLY  SHEETS  : 

Form 28 

TIE  VOTE  : 

How    decided    59 

UNITED  STATES  SENATOR: 

Petition,  etc 29 

VACANCIES  : 

Committee  to  fill   61 

Judges   to   fill 16 

Special   election,   when   necessary .  .  61 

VOTER : 

Affidavit  of  challenged    46 

Assistance    49 

Bribery,    illegal   voting,    eto.  .  .67,  68,  72 

Leave  of  absence    7 

Party  affiliation  to  be  stated 45 

Qualifications    44 

Revoking  signature  to  petition ....  30 

WORDS  AND  PHRASES: 

How  construed    .  4 


{ 

,  lifts 

257183 


